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The Translation of the Meanings of 



Arabic-English 



Translated by: 

Dr. Muhammad Muhsin Khan 



DARUSSALAM 

Publishers and Distributors 

-> Riyadh — Saudi Arabia 



Kalamullah.Com 




The Translation of the Meanings of 

Sahih Al-Bukhari 

Arabic-English 
Volume 3 



Translated by: 

Dr. Muhammad Muhsin Khan 

Formerly Director, University Hospital 
Islamic University 
Al-Madina Al-Munawwara 
(Kingdom of Saudi Arabia) 



DARUSSALAM 

Publishers and Distributors 

Riyadh — Saudi Arabia 



ALL RIGHTS RESERVED 



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Published by: 

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Printed in July, 1997 

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reading carried out at Riyadh, Saudi Arabia under 
the supervision of Dr. Muhammad Muhsin Khan 
assisted by a team of highly qualified persons. 

© Maktaba Dar-us-Salam, 1997 

King Fahd National Library Cataloging-in-Publication Data 

Al-Bukhari, Muhammed Ibn Ismaiel 

Sahih Al-Bukhari\ translated by Muhammad Muhsin Khan.- 
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ISBN: 9960-717-31-3 (set) 
9960-717-34-8 (v.3) 
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ISBN: 9960-717-31-3 (set) 
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CONTENTS OF VOLUME THREE CJtth j- 



CONTENTS OF VOLUME THREE 
dJWl +y*l\ ^jtf 



26 - THE BOOK OF 

AL-'UMRA 21 

(1) CHAPTER. Vmra and its super- 
iority 21 

(2) CHAPTER. 'Vmra before Hajj. 21 

(3) CHAPTER. How many times 
did the Prophet £g perform 'Vmra? 22 

(4) CHAPTER^ 'Vmra in (the 
month of) Ramadan 24 

(5) CHAPTER. 'Vmra on the night 
of departure from Mina after Hajj 
and on other nights 25 

(6) CHAPTER. 'Vmra from At- 
Tan'im 25 

(7) CHAPTER. 'Vmra after per- 
forming Hajj without having a 
Hady ' 27 

(8) CHAPTER. The reward of 
'Vmra is according to the hardship. 27 

(9) CHAPTER. If a person departs 
after performing the Tawaf of 
'Vmra, will that Tawaf substitute 

for Tawaf-al-Wada'? 28 

(10) CHAPTER. The same ceremo- 
nies in 'Vmra, as in Hajj 29 

(11) CHAPTER. When a person 
performing 'Vmra finish his Ihraml 31 

(12) CHAPTER. What to say 
on returning from Hajj, 'Vmra, 
Ghazwa 33 

(13) CHAPTER. Reception of the 
returning pilgrims 34 

(14) CHAPTER. Arriving in the 
morning 34 

(15) CHAPTER. Returning after 
midday till sunset 34 

(16) CHAPTER. Not to go to family 

on arrival at night 35 



(17) CHAPTER. To proceed faster 

on reaching his town 35 

(18) CHAPTER. "...So enter houses 
through their proper doors..." 35 

(19) CHAPTER. Travelling is a kind 

of torture 36 

(20) CHAPTER. What to do to 
arrive home early? 36 

27 - THE BOOK OF 

AL-MUHSAR 37 

(1) CHAPTER. If one is prevented 
from 'Vmra 37 

(2) CHAPTER. One who is pre- 
vented from performing the Hajj ... 38 

(3) CHAPTER. The slaughtering 
before shaving the head (in case) 
one is prevented 39 

(4) CHAPTER. Whoever said that 
the Muhsar is not supposed to 
perform 'Vmra or Hajj in lieu of 
the prevented one 40 

(5) CHAPTER. The Statement of 
Allah ju:: "... And whosoever of 
you is ill or has an ailment in his 
scalp, (necessitating shaving), he 
must pay a Fidya ..." 41 

(6) CHAPTER. The Saying of Allah 
Jlj : " . . . Or giving Sadaqa ..." 41 

(7) CHAPTER. The Fidya for a 
missed or wrongly practised reli- 
gious ceremony 42 

(8) CHAPTER. The Nusuk (offer- 
ing) is one sheep 43 

(9) CHAPTER. The Statement of 
Allah ju: : "... Nor commit sin nor 
dispute unjustly during Hajj. . ." 44 



CONTENTS OF VOLUME THREE dJtiM 



(10) CHAPTER. "...Nor commit sin 
nor dispute unjustly during Hajj. . ." 44 

28 - THE BOOK OF PENALTY 
FOR HUNTING 45 

(1) CHAPTER. The penalty for 
hunting (by a Muhrim) 45 

(2) CHAPTER. If a non-Muhrim 
hunts and gives to a Muhrim 45 

(3) CHAPTER. If the Muhrimun 
saw game and laughed and a non- 
Muhrim understood, they are al- 
lowed to eat the game 46 

(4) CHAPTER. A Muhrim should 
not help a non-Muhrim in the 
hun ting of a game 47 

(5) CHAPTER. A Muhrim should 
not point at a game 48 

(6) CHAPTER. If a person gave 
onager to a Muhrim then he should 
not accept it 49 

(7) CHAPTER. (What kind of) 
animals can be killed by a Muhrim . 50 

(8) CHAPTER. It is not permissible 

to cut the trees of the Haram 52 

(9) CHAPTER. The game in the 
Haram should not be chased 53 

(10) CHAPTER. Fighting is prohib- 
ited in Makkah 53 

(11) CHAPTER. Cupping for a 
Muhrim 54 

(12) CHAPTER. The marrying of a 
Multrim 55 

(13) CHAPTER. What is forbidden 
for a Muhrim as regards perfumes . 55 

(14) CHAPTER. The taking of a 
bath by a Muhrim 56 

(15) CHAPTER. Wearing of Khuff 
by a Muhrim if slippers are not 
available 57 

(16) CHAPTER. If an tear is not 
available, one can wear trousers.... 58 

(17) CHAPTER. Carrying of arms 

by a Muhrim 58 

(18) CHAPTER. Entering the Har- 
am and Makkah without Ihram 59 

(19) CHAPTER. If somebody ignor- 
antly assumed Ihram while wearing a 



shirt (will Fidya be compulsory?) ... 60 

(20) CHAPTER. A Muhrim died 
at 'Arafat and the Prophet did not 
order anybody to finish the remain- 
ing ceremonies of Hajj on his 
behalf 60 

(21) CHAPTER. The legal way of 
(burying) a dead Muhrim 61 

(22) CHAPTER. To perform Hajj 
on behalf of a dead person . A man 
can perform Hajj on behalf of a 
woman 62 

(23) CHAPTER. Performing Hajj 
for a person who cannot sit firmly on 
the mount 62 

(24) CHAPTER. Performing Hajj by 

a woman on behalf of a man 63 

(25) CHAPTER. The Hajj of boys 
(children etc.) 63 

(26) CHAPTER. Hajj of women . . 64 

(27) CHAPTER. Whoever vowed to 

go on foot to the Ka'bah 67 

29 - THE BOOK ABOUT THE 
VIRTUES OF 

AL-MADiNA 68 

(1) CHAPTER. Haram (sanctuary) 

of Al-Madlna 68 

(2) CHAPTER. Superiority of Al- 
Madma. It expels (evil) persons 69 

(3) CHAPTER. Al-Madlna is also 
called Taba 70 

(4) CHAPTER. The two mountains 

of Al-Madma 70 

(5) CHAPTER. The one who avoids 
living in Al-Madlna? 70 

(6) CHAPTER. Iman (Belief) re- 
turns and goes back to Al-Madlna. 71 

(7) CHAPTER. Sin of that person 
who harms the people of Al- 
Madlna 72 

(8) CHAPTER. The high buildings 

of Al-Madlna 72 

(9) CHAPTER. Ad-Dajjal will not 

be able to enter Al-Madlna 72 

(10) CHAPTER. Al-Madina expels 

all the evil and bad persons 74 



CONTENTS OF VOLUME THREE CJISI &jai\ 



CHAPTER 75 

(11) CHAPTER. The dislike of the 
Prophet #| that Al-Madlna should 

be vacated 75 

(12) CHAPTER 76 

30 - THE BOOK OF AS-SAUM 

(THE FASTING) 78 

(1) CHAPTER. Fasting is obligatory 

in (the month of) Ramadan 78 

(2) CHAPTER. The superiority of 
As-Saum (the fasting) 79 

(3) CHAPTER. As-Saum (the fast- 
ing) is an expiation (for sins) 80 

(4) CHAPTER. Ar-Raiyan is for 
people observing Saum 80 

(5) CHAPTER. Should it be said 
"Ramadan" or "the month of Ra- 
madan?" And whoever thinks that 
both are permissible 82 

(6) CHAPTER. Whoever observed 
fast in Ramadan out of sincere Faith 
with honest intention 83 

(7) CHAPTER. The Prophet M 
used to be most generous in the 
month of Ramadan 83 

(8) CHAPTER. Whoever does not 
give up lying speech while observing 
Saum 84 

(9) CHAPTER. Should one say, "I 
am observing Saum (fast)" on being 
abused? 84 

(10) CHAPTER. As-Saum for those 
who fear committing illegal sexual 
acts 85 

(11) CHAPTER. "Start observing 
Saum on seeing the crescent of 
Ramadan, and stop on seeing the 
crescent (of Shawwal) 85 

(12) CHAPTER. The two months of 
'Eid do not decrease 87 

(13) CHAPTER. "We neither write 
nor know accounts." 88 

(14) CHAPTER. Not to observe 
Saum for a day or two ahead of 
Ramadan 88 

(15) CHAPTER. "It is made lawful 



for you to have sexual relations with 
your wives on the night of the As- 
Saum..." .'. 88 

(16) CHAPTER. The Statement of 
Allah J\jC\ "...And eat and drink 
until the white thread of dawn appears 

to you distinct from the black. 90 

(17) CHAPTER. "The Adhan of 
Bilal should not stop you from 
taking Sahur." 91 

(18) CHAPTER. Taking the Sahur 
hurriedly (shortly before dawn) 91 

(19) CHAPTER. Interval between 
the Sahur and Salat-ul-Fajr 92 

(20) CHAPTER. Sahur is a blessing 
but it is not compulsory 92 

(21) CHAPTER. If the intention of 
Saum was made in the daytime 93 

(22) CHAPTER. If a person obser- 
ving Saum gets up in the morning in 
the state of Janaba 93 

(23) CHAPTER. To embrace while 
one is observing Saum (fast) 94 

(24) CHAPTER. Kissing by a fasting 
person 95 

(25) CHAPTER. Taking a bath by a 
person observing Saum (fast) 96 

(26) CHAPTER. If a person obser- 
ving Saum ate or drank forgetfully . 97 

(27) CHAPTER. Siwak for the 
person observing Saum (fast) 98 

(28) CHAPTER. "Whoever per- 
forms ablution should put water in 

his nose and then blow it out." 99 

(29) CHAPTER. Sexual intercourse 
with wife in Ramadan 99 

(30) CHAPTER. Sexual intercourse 
with wife in Ramadan and the 
expiation of that 100 

(31) CHAPTER. To feed family 
from expiation sin if they are needy. 101 

(32) CHAPTER. Cupping and vo- 
miting in Saum (fast) 102 

(33) CHAPTER. To observe Saum 
(fast) or not during journeys 103 

(34) CHAPTER. If a person ob- 
served Saum for some days and then 
went on a journey 105 



CONTENTS OF VOLUME THREE £JtiH j« jj* |~8 



(35) CHAPTER 105 

(36) CHAPTER. It is not right- 
eousness to observe Saum on a 
journey 105 

(37) CHAPTER. Not to criticize 
each other for observing Saum or 
not (on journeys) 106 

(38) CHAPTER. Whoever broke his 
Saum (fast) on a journey (publicly) . 106 

(39) CHAPTER. Those who can fast 
with difficulty have to feed a poor 
person 107 

(40) CHAPTER. To make up for 
the missed days of fasting 108 

(41) CHAPTER. The menstruating 
should leave the Saum and Salat. .. 109 

(42) CHAPTER. Can somebody else 
observe Saum instead the dead? .... 109 

(43) CHAPTER. When to break the 
Saum (fast)? Ill 

(44) CHAPTER. Iftar [to break the 
Saum (fast)] 112 

(45) CHAPTER. To hasten the 
Iftar 112 

(46) CHAPTER. If somebody 
breaks the Saum thinking that the 
sun has set 113 

(47) CHAPTER. Saum (fasting) of 
boys (children etc.) 113 

(48) CHAPTER. To observe Saum 
(fast) continuously ' 114 

(49) CHAPTER. The punishment 
for the person who practises Al- 
Wisal very often 115 

(50) CHAPTER. To observe Saum 
continuously day and night (Al- 
Wisal) till the time of Sahar 116 

(51) CHAPTER. If someone forces 
his Muslim brother to break his 
(Nawafil) fast 117 

(52) CHAPTER. Saum (fasting) in 
the month of Sha'ban 118 

(53) CHAPTER. Fasting and non- 
fasting (periods) of the Prophet |g. 118 

(54) CHAPTER. The right of the 
guest in fasting 120 

(55) CHAPTER. The right of the 
body in observing As-Saum 120 



(56) CHAPTER. Observing Saum 
(fasting) daily throughout the life. . 121 

(57) CHAPTER. The right of the 
family (wife) in observing As-Saum . 122 

(58) CHAPTER. Saum (fasting) on 
alternate days 123 

(59) CHAPTER. The Saum (fast- 
ing) of Dawud (David) f *Ji *J*.... 123 

(60) CHAPTER. To fast the 
13th, 14th and 15th of the lunar 
months 124 

(61) CHAPTER. Whoever visited 
some people and did not break his 
(optional) Saum (fast) with them... 125 

(62) CHAPTER. Fasting the last 
days of the month 125 

(63) CHAPTER. Observing Saum 
(fast) on Friday 126 

(64) CHAPTER. Can one select 
some special days [for observing 
Saum (fast)]? 127 

(65) CHAPTER. Observing Saum 
(fast) on the day of 'Arafah 128 

(66) CHAPTER. Observing Saum 

on the first day of 'Eid-ul- Fitr 128 

(67) CHAPTER. Observing Saum 

on the first day of 'Eid-ul-Adha 129 

(68) CHAPTER. Observing Saum 
(fast) on Tashrtq days 131 

(69) CHAPTER. Observing Saum 
(fast) on the day of 'Ashura' 131 

31 - THE BOOK OF TARAWIH 

PRAYERS 135 

(1) CHAPTER. The superiority of 
Nawafil at night in Ramadan 135 

32 - THE BOOK OF 

SUPERIORITY OF THE 
NIGHT OF QADR 138 

(1) CHAPTER. The superiority of 
the night of Qadr 138 

(2) CHAPTER. To look for the 
night of Qadr in the last seven 
nights (of Ramadan) 138 

(3) CHAPTER. To search for the 
night of Qadr in the odd nights 139 



CONTENTS OF VOLUME THREE 



(4) CHAPTER. The knowledge of 
the night of Qadr was taken away 
because of the quarrelling 142 

(5) CHAPTER. Good deeds in the 
last ten days of Ramadan 142 

33 - THE BOOK OF VTIKAF . . 143 

(1) CHAPTER. The Vtikaf in the 
last ten days of Ramadan 143 

(2) CHAPTER. A menstruating 
woman is permitted to comb the 
hair of a man in Vtikaf 144 

(3) CHAPTER. Mu'takif not to 
enter the house except for a need.. 145 

(4) CHAPTER. The taking of a bath 

by a Mu'takif 145 

(5) CHAPTER. The Vtikaf at 
night 145 

(6) CHAPTER. Women's Vtikaf. ... 146 

(7) CHAPTER. Tents in mosque. . . 146 

(8) CHAPTER. Mu'takif going to 
the gate of the mosque 147 

(9) CHAPTER. Coming out of 
Vtikaf in the morning of the twen- 
tieth (of Ramadan) 148 

(10) CHAPTER. Vtikaf of a woman 
who has bleeding in between her 
periods 148 

(11) CHAPTER. The visit of the 
wife to her husband in Vtikaf 149 

(12) CHAPTER. Is it permissible 

for the Mu'takif Xo defend himself.. 150 

(13) CHAPTER. Whoever went out 

of his Vtikaf in the morning 150 

(14) CHAPTER. Vtikaf in the 
month of Shawwal 151 

(15) CHAPTER. Vtikaf without 
fasting 152 

(16) CHAPTER. Vow in the pre- 
Islamic period to perform Vtikaf. . . . 152 

(17) CHAPTER. Vtikaf in the mid- 
dle ten days of Ramadan 152 

(18) CHAPTER. Whoever intended 
Vtikaf and then changed his mind. . 153 

(19) CHAPTER. A Mu'takif can 
let his head in the house for 
washing 153 



34 - THE BOOK OF SALES 

(BARGAINS) 155 

(1) CHAPTER. What has come in 
the Statement of Allah JU : 'Then 
when the Salat is ended, you may 
disperse through the land, and seek 

of the Bounty of Allah..." 155 

(2) CHAPTER. Legal, illegal and 
doubtful things 158 

(3) CHAPTER. Explanation of 
doubtful (unclear) things 159 

(4) CHAPTER. What doubtful 
(unclear) things should be avoided? 161 

(5) CHAPTER. Whoever does not 
consider dark suggestions 161 

(6) CHAPTER. The Statement of 
Allah J>-j > : "And when they see 
some merchandise or some amuse- 
ment they disperse headlong to 
it..." 162 

(7) CHAPTER. One who does not 
care from where he earns 162 

(8) CHAPTER. Trade of cloth and 
other things 163 

(9) CHAPTER. Going out for 
trading 164 

(10) CHAPTER. Trading in sea. ... 164 

(11) CHAPTER 165 

(12) CHAPTER. Allah's Statement: 
"...Spend of the good things which 
you have earned..." 166 

(13) CHAPTER. Whoever liked to 
expand in his sustenance 166 

(14) CHAPTER. The Prophet m 
purchased (foodgrains) on credit .. . . 167 

(15) CHAPTER. The earnings of a 
person and his manual labour 168 

(16) CHAPTER. One should be 
lenient and generous in bargaining. 169 

(17) CHAPTER. Whoever gave 
time to a rich person to pay at his 
convenience 170 

(18) CHAPTER. A person in hard 
circumstances to pay debt (when 
able to repay) 170 

(19) CHAPTER. To explain the good 
and bad points of the transaction. ... 171 



CONTENTS OF VOLUME THREE £Jtih *jsi\ 10 



(20) CHAPTER. Selling of mixed 
dates 172 

(21) CHAPTER. What is said about 
the meat seller and the butcher 172 

(22) CHAPTER. The loss (of bles- 
sing) if one tells lies or hides the 
facts in a deal 173 

(23) CHAPTER. The Statement of 
Allah ^L^-: "... Eat not Riba 
doubled and multiplied." 173 

(24) CHAPTER. The sin of Riba , its 
witness and its writer 173 

(25) CHAPTER. The /Hw-giver . . 175 

(26) CHAPTER.: "Allah will de- 
stroy Riba and will give increase for 
Sadaqat" 175 

(27) CHAPTER. Giving oaths 
(swearing) while selling 176 

(28) CHAPTER. What is said about 
the goldsmiths 176 

(29) CHAPTER. The mentioning of 
blacksmiths 178 

(30) CHAPTER. The mentioning of 
the tailor 178 

(31) CHAPTER. The weaver 179 

(32) CHAPTER. The carpenter 179 

(33) CHAPTER. The purchase by 
the ruler himself. 180 

(34) CHAPTER. The purchase of 
animals and donkeys 181 

(35) CHAPTER. The markets of the 
Pre-Islamic Period of Ignorance 182 

(36) CHAPTER. Purchasing of 
camel suffering from disease 183 

(37) CHAPTER. Selling of arms 
during the period of Al-Fitnah 183 

(38) CHAPTER. The perfume seller 
and the selling of musk 184 

(39) CHAPTER. Al-Hajjam (i.e., 
the one who practises cupping) 184 

(40) CHAPTER. The trade of cloth, 
wearing of which is undesireable. . . . 185 

(41) CHAPTER. The owner of a 
thing has to suggest a price 186 

(42) CHAPTER. For what period to 
confirm or cancel the bargain? 186 

(43) CHAPTER. If the time for the 
option is not fixed, will the deal be 



considered as legal? 187 

(44) CHAPTER. To cancel or 
confirm the bargain 188 

(45) CHAPTER. The option of 
cancelling the bargain 188 

(46) CHAPTER. If the seller has the 
option of cancelling the bargain 189 

(47) CHAPTER. To buy a thing and 
give it as a present 190 

(48) CHAPTER. What is disliked as 
regards cheating in business 191 

(49) CHAPTER. What is said about 
markets 191 

(50) CHAPTER. The dislike of 
raising voices in the market 194 

(51) CHAPTER. Weighing goods by 
the seller or the giver 195 

(52) CHAPTER. What is considered 
preferable regarding measuring 196 

(53) CHAPTER. Allah's Blessing 
in the Sa" and Mudd of the 
Prophet^ 197 

(54) CHAPTER. The selling of the 
foodstuff and its storage 197 

(55) CHAPTER. The selling of 
foodstuff before receiving it 199 

(56) CHAPTER. Whoever bought 
foodstuff without measuring or 
weighing should not sell before 
bringing into house 200 

(57) CHAPTER. If somebody buys 
some goods or (an) animal and let it 
with the seller, or it dies before he 
takes it into his possession 200 

(58) CHAPTER. Not to cancel a 
bargain already agreed upon 201 

(59) CHAPTER. Selling by auction. 202 

(60) CHAPTER. An-Najsh 202 

(61) CHAPTER. Al-Gharar and 
Habal-il-Habala 203 

(62) CHAPTER. Al-Limas or 
Mulamasa 203 

(63) CHAPTER. Munabadha 204 

(64) CHAPTER. The seller is not 
allowed to keep animal unmilked for 

a long time 205 

(65) CHAPTER. Returning an ani- 
mal after milking it 206 



CONTENTS OF VOLUME THREE CJWU^fclt^^ 11 



(66) CHAPTER. The selling of an 
adulterer slave 207 

(67) CHAPTER. Dealing with wo- 
men in selling and buying 207 

(68) CHAPTER. Is it permissible 
for a person from the town to sell 
the goods of a desert dweller 208 

(69) CHAPTER. Whoever hated 
that an urban person should sell 
the goods of a desert dweller and 
charge him for that 209 

(70) CHAPTER. A town dweller 
should not buy goods for a desert 
dweller and charge commission as a 
broker 210 

(71) CHAPTER. It is forbidden to 
meet the caravans on the way (to buy 
the goods away from the market). .. 210 

(72) CHAPTER. The limits to which 
one can go ahead to meet the 
caravan 211 

(73) CHAPTER. If somebody im- 
poses conditions in selling against 
the Islamic Law 212 

(74) CHAPTER. Selling of dates for 
dates 213 

(75) CHAPTER. The selling of 
dried grapes for dried grapes and 
meals for meals 214 

(76) CHAPTER. Selling of barley 

for barley 214 

(77) CHAPTER. Selling of gold for 
gold 215 

(78) CHAPTER. Selling of silver for 
silver 215 

(79) CHAPTER. Selling of Dinar 

for Dinar on credit 216 

(80) CHAPTER. Selling of silver for 
gold on delayed payment 217 

(81) CHAPTER. Selling of gold for 
silver from hand to hand 217 

(82) CHAPTER. Al-Muzabana, 
Al-Araya 217 

(83) CHAPTER. The selling of 
dates still on trees 219 

(84) CHAPTER. 'Araya 220 

(85) CHAPTER. The sale of fruits 
before their benefit is evident 221 



(86) CHAPTER. The sale of 
date-palms before their benefit is 
evident 223 

(87) CHAPTER. If somebody 
sells fruits before their benefit is 
evident 223 

(88) CHAPTER. To buy foodstuff 

on credit 224 

(89) CHAPTER. To buy dates for 
Riba-Al-Fadl 224 

(90) CHAPTER. Sold or rented 
date-palms which were pollinated, 

or land which was sown 225 

(91) CHAPTER. The sale of un- 
harvested crops for a measured 
quantity of foodstuff. 226 

(92) CHAPTER. The sale of date- 
palms completely 226 

(93) CHAPTER. BaV Al-Mukha- 
dara 226 

(94) CHAPTER. The sale and 
eating of spadix 227 

(95) CHAPTER. Where there is no 
fixed judgement, the traditions and 
conventions of community are to be 
referred 227 

(96) CHAPTER. Selling of a joint 
property by one to the other 229 

(97) CHAPTER. The sale of un- 
divided common belongings 229 

(98) CHAPTER. If somebody buys 
something for another without his 
permission and the latter accepts it. 230 

(99) CHAPTER. Buying and selling 
with Mushrikun and the enemy 232 

(100) CHAPTER. The purchase of a 
slave from the enemy 232 

(101) CHAPTER. The hides of dead 
animals before tanning 235 

(102) CHAPTER. Killing of pigs. 235 

(103) CHAPTER. The fat of the 
dead animal should not be sold 236 

(104) CHAPTER. The selling of the 
pictures 237 

(105) CHAPTER. Trade of alco- 
holic drinks is illegal 238 

(106) CHAPTER. The sin of a 
person who sells a free man 238 



CONTENTS OF VOLUME THREE CJtf I ^12 



(107) CHAPTER. The Prophet m 
ordered the Jews to sell their land. . 238 

(108) CHAPTER. The sale of a 
slave (for a slave) and an animal 

for an animal on credit 238 

(109) CHAPTER. The sale of 
slaves 239 

(110) CHAPTER. The sale of a 
slave who is promised to be manu- 
mitted 240 

(111) CHAPTER. Travel with a 
slave-girl 241 

(112) CHAPTER. The sale of dead 
animals and idols 242 

(113) CHAPTER. Price of a dog. .. 243 

35 - THE BOOK OF 

AS-SALAM 244 

(1) CHAPTER. As-Salam by a 
definite known specified measure. . . 244 

(2) CHAPTER. As-Salam for a 
known specified weight 244 

(3) CHAPTER. As-Salam to a 
person who has got nothing 246 

(4) CHAPTER. As-Salam for (the 
fruits of) date-palms 247 

(5) CHAPTER. The guarantor in 
As-Salam 248 

(6) CHAPTER. Mortgaging in As- 
Salam 248 

(7) CHAPTER. As-Salam for a fixed 
specified period 249 

(8) CHAPTER. As-Salam in buying 
a she-camel to be delivered after it 
has given birth 250 

36 - THE BOOK OF PRE- 

EMPTION 251 

(1) CHAPTER. Shufa is valid if the 
property is undivided 251 

(2) CHAPTER. The partner should 
inform his partner before selling. ... 251 

(3) CHAPTER. Who is considered 

as the nearer neighbour? 252 



37 - THE BOOK OF HIRING . 253 

(1) CHAPTER. To hire a pious 
man 253 

(2) CHAPTER. To shepherd sheep 

for Qirat 253 

(3) CHAPTER. The employment of 
Mushrikun (by Muslims) 254 

(4) CHAPTER. It is legal if some- 
body hires someone to work for 
him 255 

(5) CHAPTER. Employing la- 
bourers for services in holy battles. 255 

(6) CHAPTER. If somebody em- 
ploys someone 256 

(7) CHAPTER. To employ someone 
to repair a wall which is about to 
collapse 256 

(8) CHAPTER. Employment up to 
midday 257 

(9) CHAPTER. Employment up to 
the Asr 257 

(10) CHAPTER. The sin of him who 
withholds the wages of employee. . . 258 

(11) CHAPTER. Employment from 
Asr till night 259 

(12) CHAPTER. The labourer left 
the wages and went away 260 

(13) CHAPTER. To employ himself 
to carry loads, and the wages of 
porters 262 

(14) CHAPTER. Wages of a 
broker 262 

(15) CHAPTER. To work as an 
employee for Mushrikun 263 

(16) CHAPTER. What is paid for 
Ruqya 263 

(17) CHAPTER. The taxes imposed 

on the slaves by their masters 265 

(18) CHAPTER. The wages of one 
who has the profession of cupping. 265 

(19) CHAPTER. Whoever appealed 

to the masters to reduce his taxes. . 266 

(20) CHAPTER. The earnings of 
prostitutes and female-slaves 266 

(21) CHAPTER. (Charging for) the 
semen of a male animal 267 

(22) CHAPTER. If somebody rents 
land and he or the owner dies 267 



CONTENTS OF VOLUME THREE CJtitf ^ 13 



38 - THE BOOK OF 

AL-HAWALAT 269 

(1) CHAPTER. Al-Hawala (the 
transference of a debt from one 
person to another) 269 

(2) CHAPTER. If somebody's debt 
are transferred to a rich debtor 269 

(3) CHAPTER. If the debts due on a 
dead person are transferred to 
somebody, the transference is legal. 270 

39 - THE BOOK OF 

AL-KAFALA 271 

(1) CHAPTER. Al-Kafala 271 

(2) CHAPTER. The Statement of 
Allah j^-: "... To those also 
with whom you have made a pledge, 
give them their due portion by 
Waslya..." 273 

(3) CHAPTER. He who undertakes 

to repay the debts of a dead person. 275 

(4) CHAPTER. The pledge of 
protection given to Abu Bakr 275 

(5) CHAPTER. The debts 278 

40 - THE BOOK OF 

REPRESENTATION 280 

(1) CHAPTER. A partner can 
deputize for another 280 

(2) CHAPTER. If a Muslim depu- 
tizes a non-Muslim 280 

(3) CHAPTER. To deputize one in 
exchanging money and weighing 
goods 281 

(4) CHAPTER. To save the thing 
liable to be spoiled 282 

(5) CHAPTER. To depute a person, 
present or absent 283 

(6) CHAPTER. To depute a person 

to repay debts 283 

(7) CHAPTER. To give a gift to a 
deputy or to their intercessor 284 

(8) CHAPTER. If someone deputes 

a person to give something 285 

(9) CHAPTER. A woman can 
depute the ruler in marriage 286 



(10) CHAPTER. If a person deputes 
somebody, and the deputy leaves 
something 287 

(11) CHAPTER. If a deputy sells 
something (in an illegal manner).... 289 

(12) CHAPTER. The deputyship for 
managing the Waqf and the expenses 
of the trustee. The trustee can 
provide his friends and can eat from 

it reasonably 289 

(13) CHAPTER. To depute a 
person to carry out a punishment... 290 

(14) CHAPTER. To depute some- 
one to sacrifice Budn (camels for 
sacrifice) and to look after them.... 291 

(15) CHAPTER. If a person tells his 
deputy, "Spend it as Allah directs 
you," 291 

(16) CHAPTER. To depute a 
trustworthy treasurer 292 

41 - THE BOOK OF 

CULTIVATION AND 
AGRICULTURE 293 

(1) CHAPTER. Sowing seeds and 
planting trees 293 

(2) CHAPTER. The results 
of indulging in agricultural equip- 
ment 293 

(3) CHAPTER. Keeping a watch- 
dog for the farm 294 

(4) CHAPTER. Employing oxen for 
ploughing 295 

(5) CHAPTER. To say to another, 
"Look after my date-palm trees 296 

(6) CHAPTER. The cutting of trees 
and date-palm trees 297 

(7) CHAPTER: 297 

(8) CHAPTER. Temporary share- 
cropping contract 297 

(9) CHAPTER. The contract of 
share-cropping 299 

(10) CHAPTER: 299 

(11) CHAPTER. Share-cropping 
with the Jews 299 

(12) CHAPTER. What conditions 
are disliked in share-cropping 300 



CONTENTS OF VOLUME THREE 



cjun *&t\ 



14 



(13) CHAPTER. If a person invests 
the money of someone else in 
cultivation 300 

(14) CHAPTER. The Auqaf, 
Kharaj, share-cropping and other 
agreements 302 

(15) CHAPTER. Cultivating the 
negleeted land 302 

(16) CHAPTER: 303 

(17) CHAPTER. The lease can be 
continued according to the approval 

of both the parties 304 

(18) CHAPTER. To share the yields 
and fruits 305 

(19) CHAPTER. To rent the land 

for gold and silver 307 

(20) CHAPTER: 308 

(21) CHAPTER. What is said about 
planting trees 308 

42 - THE BOOK OF 

WATERING 311 

CHAPTER. The Statement of Allah 
JU; : " . . . And We have made from 
water every living thing. . ." 

(1) CHAPTER. Giving water in 
charity, or as a gift 311 

(2) CHAPTER. Superfluous water 
should not be withheld from others. 312 

(3) CHAPTER. If one digs a well 
and somebody falls in it and dies... 313 

(4) CHAPTER. Disputes and con- 
troversies about wells 313 

(5) CHAPTER. The sin of him who 
withholds water from travellers 314 

(6) CHAPTER. The dams of rivers. 315 

(7) CHAPTER. The land near the 
source of water to be irrigated first. 316 

(8) CHAPTER. The land to be 
covered with water up to the 
ankles 316 

(9) CHAPTER. The superiority of 
-providing water 317 

(10) CHAPTER. The owner of a 
tank or a leather water-container. . . 318 

(11) CHAPTER. Hima (private 
pasture) 320 



(12) CHAPTER. Drinking water by 
people and animals from rivers 321 

(13) CHAPTER. The selling of 
wood and grass 322 

(14) CHAPTER. The uncultivated 
pieces of land 324 

(15) CHAPTER. Documentation of 
the land grants 325 

(16) CHAPTER. Milking she-ca- 
mels at water places 325 

(17) CHAPTER. To pass through a 
garden or to have a share in date- 
palms 325 

43 - THE BOOK OF LOANS, 
FREEZING OF 
PROPERTY, AND 
BANKRUPTCY. 328 

(1) CHAPTER. Whoever buys a 
thing on credit 328 

(2) CHAPTER. Borrowing money 
from people . 328 

(3) CHAPTER. Repayment of 
debts 329 

(4) CHAPTER. To buy camels on 
credit 330 

(5) CHAPTER. Demanding debts 
handsomely 331 

(6) CHAPTER. Can one give an 
older (camel) than that he owes?... 331 

(7) CHAPTER. Repaying debts 
handsomely 331 

(8) CHAPTER. If somebody repays 
less than what he owes 332 

(9) CHAPTER. To settle one's 
accounts by repaying 333 

(10) CHAPTER. To seek refuge 
with Allah from being in debt 334 

(11) CHAPTER. The funeral Salat 
(prayer) for a dead person in 
debt 334 

(12) CHAPTER. Procrastination 
(delay) in repaying debts by a 
wealthy person is injustice 335 

(13) CHAPTER. The owner of the 
right has the permission to demand 

his right 335 



CONTENTS OF VOLUME THREE CJBI tjatiS 15 



(14) CHAPTER. If somebody lends 
something and the possessor gets 
bankrupt 336 

(15) CHAPTER. Delay in the 
repayment of debts for a day or so. 336 

(16) CHAPTER. The property of a 
bankrupt 337 

(17) CHAPTER. To lend money or 
sell on credit for a fixed time 337 

(18) CHAPTER. Intercession for 
the reduction of debts 338 

(19) CHAPTER. Wasting money. .. 339 

(20) CHAPTER. A slave is a 
guardian of the property of his 
master 340 

44 - THE BOOK OF 

QUARRELS 341 

(1) CHAPTER. About the people 
and quarrels 341 

(2) CHAPTER. The deals done by a 
weak-minded or an extravagant 
person 343 

(3) CHAPTER. If somebody sells a 
thing for a weak-minded person 343 

(4) CHAPTER. The talk of oppo- 
nents against each other 344 

(5) CHAPTER. Turning out the 
sinners and the quarrelsome people 

of the houses 346 

(6) CHAPTER. To file a case for 
fulfilling the will of the deceased.. . . 346 

(7) CHAPTER. Tying the person 
liable to do mischievous things 347 

(8) CHAPTER. Fastening and im- 
prisoning in the Haram 347 

(9) CHAPTER* (The creditor's) 
pursuit (after his debtors) 348 

(10) CHAPTER. Demanding one's 
debts 348 

45 - THE BOOK OF 

AL-LUQATA 350 

(1) CHAPTER. Owners' proof. 350 

(2) CHAPTER. Lost camels 350 

(3) CHAPTER. Lost sheep 351 

(4) CHAPTER. If the owner of a 



lost thing is not found for one 
year 352 

(5) CHAPTER. If someone finds a 
thing in the sea 352 

(6) CHAPTER. If somebody finds a 
date on the way 352 

(7) CHAPTER. How the Luqata at 
Makkah is to be announced 353 

(8) CHAPTER. No animal may be 
milked without the permission of its 
owner 355 

(9) CHAPTER. If the owner of lost 
property comes back after a year. . . 355 

(10) CHAPTER. Should one pick 

up a fallen thing? 356 

(11) CHAPTER. Whoever an- 
nounced the Luqata in public 357 

(12) CHAPTER: 357 

46 -THE BOOK OF^L- 

MAZALIM 359 

(1) CHAPTER. Retaliation (on the 
Day of Judgement) 359 

(2) CHAPTER. The Statement of 
Allah JU; : " . . . No doubt! The curse 

of Allah is on the Zalimun ." 360 

(3) CHAPTER. A Muslim should 
not oppress another Muslim 361 

(4) CHAPTER. Help your 
brother 361 

(5) CHAPTER. To help the op- 
pressed 362 

(6) CHAPTER. To retaliate upon 

an oppressor 363 

(7) CHAPTER. Forgiveness granted 

by the oppressed person 363 

(8) CHAPTER. Az-Zulm (oppres- 
sion) will be a darkness 364 

(9) CHAPTER. The curse of the 
oppressed 364 

(10) CHAPTER. If the oppressed 
one forgives the oppressor 364 

(11) CHAPTER. If the oppressed 
person forgives the oppressor, he 
has no right to back out 365 

(12) CHAPTER. If a person allows 
another to have his right 365 



CONTENTS OF VOLUME THREE ^Jttll fijat\ jtjj* 16 



(13) CHAPTER. The sin of him who 
usurps the land of others 366 

(14) CHAPTER. If somebody allows 
another to do something 367 

(15) CHAPTER. The Statement of 
Allah JUj: "Yet he is the most 
quarrelsome of the opponents 368 

5) CHAPTER. The sin of a man 
wno quarrels unjustly 368 

(17) CHAPTER. The person who 
behaves impudently 369 

(18) CHAPTER. The retaliation of 
the oppressed person 369 

(19) CHAPTER. About sheds 370 

(20) CHAPTER. Not to prevent a 
neighbour from fixing a peg 371 

(21) CHAPTER. Spilling wine on 
the way 371 

(22) CHAPTER. Open courtyards 

of houses and sitting on the ways. . . 372 

(23) CHAPTER. The digging of 
wells on the ways 372 

(24) CHAPTER. To remove harm- 
ful things from the roads 373 

(25) CHAPTER. Looking or not 
looking upon other houses 373 

(26) CHAPTER. Whoever tied his 
carnel at the gate of the mosque. . . . 378 

(27) CHAPTER. Standing and ur- 
inating at the dumps 379 

28) CHAPTER. Removing a thing 
from the way which harms the 
people 379 

(29) CHAPTER. When there is a 
dispute about a public way 379 

(30) CHAPTER. Robbing away 
somebody's property publicly 380 

(31) CHAPTER. The breaking of 
the cross and the killing of the pigs. 381 

(32) CHAPTER. To break the pots 
containing wine 381 

(33) CHAPTER. One who fights to 
protect his property 382 

(34) CHAPTER. If a person breaks 
something belonging to somebody. . 383 

(35) CHAPTER. If one pulls down a 
wall, should build a similar one in its 
pkce 383 



47 - THE BOOK OF 

PARTNERSHIP 385 

(1) CHAPTER. About (sharing) 
meals and the Nahd and Vrud 385 

(2) CHAPTER. Partners possessing 
joint property have to pay its Zakat 
equally 387 

(3) CHAPTER. Division of sheep. . 387 

(4) CHAPTER. A partner should 
not eat two dates at a time 388 

(5) CHAPTER. To get a joint 
property evaluated with a price 389 

(6) CHAPTER. Can one draw lots 

for divisions and shares? 390 

(7) CHAPTER. The partnership of 
orphans and other inheritors 390 

(8) CHAPTER. Sharing land, etc... 392 

(9) CHAPTER. If partners divide 
the houses, etc., 392 

(10) CHAPTER. Sharing gold, silver 
and other articles 392 

(11) CHAPTER. Partnership with a 
Dhimml in share-cropping 393 

(12) CHAPTER. Distribution of 
sheep and dividing them justly 393 

(13) CHAPTER. The sharing of 
food, etc 393 

(14) CHAPTER. Sharing the 
slaves 394 

(15) CHAPTER. Sharing the Hady 
and Budn 395 

(16) CHAPTER. Ten sheep as equal 

to one camel in distribution 396 



48 - THE BOOK OF 
MORTGAGING IN 
PLACES OCCUPIED BY 
SETTLED POPULATION. 398 

(1) CHAPTER. The Statement of 
Allah "And if you are on a 
journey and cannot find a scribe, 
then let there be a pledge taken. . ." 398 

(2) CHAPTER. Mortgaging an 
armour 398 

(3) CHAPTER. Mortgaging the 
arms 398 



CONTENTS OF VOLUME THREE CJBI ^ 17 



(4) CHAPTER. To mortgage an 
animal used for riding or milking. . . 399 

(5) CHAPTER. Mortgaging things 

to Jews and others 400 

(6) CHAPTER. Dispute between 
the mortgagor and mortgagee 400 

49 - THE BOOK OF 

MANUMISSION (OF 
SLAVES) 402 

(1) CHAPTER. The manumission 
and its superiority 402 

(2) CHAPTER. What is the best 
kind of manumission (of slaves)? ... 402 

(3) CHAPTER. Manumitting slaves 

at the time of eclipses 403 

(4) CHAPTER. If one manumits a 
male slave owned by two persons. . . 403 

(5) CHAPTER. Whoever manumits 

his portion of a common slave 405 

(6) CHAPTER. Manumission and 
divorce by mistake or forgetfulness. 406 

(7) CHAPTER. The witness for 
manumission 407 

(8) CHAPTER. Umm Al-Walad 408 

(9) CHAPTER. The selling of a 
Mudabbar 409 

(10) CHAPTER. The WaW of a 
manumitted slave 410 

(11) CHAPTER. If the brother or 
the uncle of somebody was taken as 

to ransom a Mushrik 410 

(12) CHAPTER. Manumission of a 
Mushrik 411 

(13) CHAPTER. Whover possessed 
Arab slaves 412 

(14) CHAPTER. The superiority of 
him who teaches his slave-girl good 
manners 415 

(15) CHAPTER. "Slaves are your 
brothers, so feed them with the like 

of what you eat." 415 

(16) CHAPTER. A slave who wor- 
ships his Lord and he is also honest 
and faithful to his master 416 

(17) CHAPTER. It is disliked to 
look down upon a slave 417 



(18) CHAPTER. When your servant 
brings your meal to you? 420 

(19) CHAPTER. The slave is a 
guardian of the property of his 
master 420 

(20) CHAPTER. If somebody beats 

a slave, he should avoid his face. ... 421 

50 - THE BOOK OF 

AL-MUKATAB 422 

CHAPTER. The sin of one who 
falsely accuses his slave of illegal 
sexual intercourse 422 

(1) CHAPTER. Al-Mukatab and 
payment of his price by installment . 422 

(2) CHAPTER. Writing of emanci- 
pation and conditions 423 

(3) CHAPTER. Al-Mukatab is per- 
mitted to ask others to help him.... 424 

(4) CHAPTER. The selling of a 
Mukatab on his agreement 425 

(5) CHAPTER. If a Mukatab slave 
asks somebody to buy and free him . 426 

51 - THE BOOK OF GIFTS 

AND THE SUPERIORITY 
OF GIVING GIFTS 428 

(1) CHAPTER. Superiority of giving 
gifts 428 

(2) CHAPTER. Giving a little gift. 428 

(3) CHAPTER. Whoever asks his 
friends to grant him a gift 429 

(4) CHAPTER. Whoever asks 
others to give him water 430 

(5) CHAPTER. The gift of game... 431 

(6) CHAPTER. Accepting a gift. ... 431 

(7) CHAPTER. Accepting a gift.... 432 

(8) CHAPTER. Chosing the to give 

a gift 434 

(9) CHAPTER. Gift should not be 
rejected 436 

(10) CHAPTER. To give as a gift, 
something not present 437 

(11) CHAPTER. Compensation for 

a gift 437 

(12) CHAPTER. Giving gifts to 
one's sons 438 



CONTENTS OF VOLUME THREE CJISUj*M 18 



(13) CHAPTER. The witnesses for 
the gifts 438 

(14) CHAPTER. Giving gifts by a 
husband to his wife, and by a wife to 
her husband 439 

(15) CHAPTER. A woman giving 
gifts to someone other than hus- 
band 440 

(16) CHAPTER. Who is to be given 
the gift first? 442 

(17) CHAPTER. Whoever refused 

to accept a present 443 

(18) CHAPTER. If somebody gives 
another a present and dies before 
the gift reaches the other person.... 444 

(19) CHAPTER. To take over the 
slave and property (given as gift) . . . 444 

(20) CHAPTER. The receiver tak- 
ing the gift into his possession 445 

(21) CHAPTER. If a creditor gives 
the debt, due to him, as a gift, 446 

(22) CHAPTER. The giving of a gift 

by one person to a group 447 

(23) CHAPTER. The received, 
unreceived, divided and undivided 
gifts 447 

(24) CHAPTER. If a group of 
persons gives a gift to some people. 449 

(25) CHAPTER. Whosoever is 
given a gift while some people are 
sitting with him, he only has the right 

to have it 450 

(26) CHAPTER. If someone gives a 
camel as a gift to a man riding it. .. 451 

(27) CHAPTER. A gift of clothes, 
wearing of which is disliked 451 

(28) CHAPTER. The acceptance of 
presents from Al-Mushrikun 453 

(29) CHAPTER. Giving presents to 
Al-Mushrikun 454 

(30) CHAPTER. Not to take back 
presents or Sadaqa 455 

(31) CHAPTER 456 

(32) CHAPTER. 'Umra and Ruqba. 457 

(33) CHAPTER. Borrowing a horse 
from some people 458 

(34) CHAPTER. To borrow some- 
thing for the bride 458 



(35) CHAPTER. The superiority of 
the ManTha 458 

(36) CHAPTER. It is permissible if 
somebody says, "I give this slave-girl 

to you for your service 461 

(37) CHAPTER. If somebody gives 
another person a horse (as a gift) . . 462 

52 - THE BOOK OF 

WITNESSES 463 

(1) CHAPTER. The plaintiff has to 
produce a proof 463 

(2) CHAPTER. If a person attests 
the honourable record of a 
witness 463 

(3) CHAPTER. The witness of an 
eavesdropper 464 

(4) CHAPTER. When a witness or 
witnesses give an evidence 465 

(5) CHAPTER. The just witnesses. 466 

(6) CHAPTER. How many wit- 
nesses are sufficient to attest 467 

(7) CHAPTER. To give witness 
concerning lineage, foster suckling 
relations and dead persons 468 

(8) CHAPTER. The witness of a 
person falsely accusing somebody of 
illegal sexual intercourse and the 
witness of a thief or an adulterer. . . 470 

(9) CHAPTER, Do not be a witness 

for injustice, if asked for that 472 

(10) CHAPTER. False witness 473 

(11) CHAPTER. The witness of a 
blind man, his marriage, his affairs. 475 

(12) CHAPTER. The witness of 
women 477 

(13) CHAPTER. The witness of 
male and female slaves 477 

(14) CHAPTER. The witness of a 
wet nurse 478 

(15) CHAPTER. The women attest- 
ing each other 478 

(16) CHAPTER. If only one man 
attests the conduct of another 485 

(17) CHAPTER. One should say 
only what he knows 486 

(18) CHAPTER. The boys attaining 

the age of puberty and their witness, 486 



CONTENTS OF VOLUME THREE CJtih ^ 19 



(19) CHAPTER. The question of 
the judge to the plaintiff "Have you 

a proof?" 488 

(20) CHAPTER. The defendant 
must take an oath 488 

(21) CHAPTER. If someone claims 
something or accuses somebody he 
should be given respite to get 
evidence 490 

(22) CHAPTER. The taking of an 
oath after the 'Asr prayer 490 

(23) CHAPTER. The defendant has 
to take an oath wherever it becomes 
legally compulsory 491 

(24) CHAPTER. If (some people 
have to take an oath) and each of 
them wants to take it first 492 

(25) CHAPTER. The Statement of 
Allah ^Lj^j: "Verily, those who 
purchase a small gain at the cost of 
Allah's Covenant and their oaths, 
they shall have no portion in the 
Hereafter..." 492 

(26) CHAPTER. How to swear? ... 493 

(27) CHAPTER. The proof after 
(the defendant) has taken the oath. 494 

(28) CHAPTER. Whoever sees that 
promises should be fulfilled 495 

(29) CHAPTER. Al-Mushrikun 
should not be asked to give 
witness 497 

(30) CHAPTER. Drawing lots to 
solve problems 498 

53 - THE BOOK OF 

PEACEMAKING 501 

(1) CHAPTER. What has been said 
regarding (re)conciliation between 
the people 501 

(2) CHAPTER. He who makes 
peace between the people is not a 
liar 503 

(3) CHAPTER. "Let us go to bring 
about a (re)conciliation." 503 

(4) CHAPTER. The Statement of 
Allah J^j : " . . . If they make terms 
of peace between themselves; and 



making peace is better . . 504 

(5) CHAPTER. If some people are 
(re)conciled on illegal basis, their 
reconciliation is rejected 504 

(6) CHAPTER. How to write 
(re)conciliation? 505 

(7) CHAPTER. To make peace with 
Al-Mushrikun 507 

(8) CHAPTER. Agreement about 
Diya (blood money) 509 

(9) CHAPTER. "This son of mine is 
Sayyid." 509 

(10) CHAPTER. Should the Imam 
suggest reconciliation? 511 

(11) CHAPTER. The superiority of 
making peace and establishing jus- 
tice among the people 512 

(12) CHAPTER. If the Imam (i.e., 
ruler) suggests a (re)conciliation . . . . 512 

(13) CHAPTER. Reconciliation be- 
tween the creditors and between the 
inheritors 513 

(14) CHAPTER. Reconciliation in 
case of dispute concerning debts. . . . 514 

54 - THE BOOK OF 

CONDITIONS 516 

(1) CHAPTER. The conditions 
permissible on embracing Islam, 
and in contracts and transactions. . . 516 

(2) CHAPTER. The sale of polli- 
nated date-palms 518 

(3) CHAPTER. The conditions of 
selling 518 

(4) CHAPTER. It is permissible for 
the seller to ride the (sold) animal 

up to a certain place 519 

(5) CHAPTER. Conditions in con- 
tracts (of share-cropping etc.) 520 

(6) CHAPTER. The terms and the 
conditions of Mahr 521 

(7) CHAPTER. The conditions in 
share-cropping 521 

(8) CHAPTER. The conditions not 
permissible in marriage contracts. . . 522 

(9) CHAPTER. The conditions not 
permissible in legal punishments. . 522 



CONTENTS OF VOLUME THREE CJUi! *j*M jtjp 20 



(10) CHAPTER. The conditions 
permissible in the case of a slave 
who has a writing for emancipation. 523 

(11) CHAPTER. Conditions con- 
cerning divorce 524 

(12) CHAPTER. Verbal conditions 
with the people 524 

(13) CHAPTER. Conditions for 
WaW 525 

(14) CHAPTER. If the landlord 
stipulates that he would terminate 

the contract whenever he likes 526 

(15) CHAPTER. The conditions of 
Jihad and peace treaties 527 



(16) CHAPTER. Conditions in 
loans 538 

(17) CHAPTER. AUMukatab condi- 
tions which contradict Allah's 
Laws 538 

(18) CHAPTER. What kinds of 
conditions are permissible; and 
what is exempted from the 
decision 539 

(19) CHAPTER. Conditions in 
Waqf (i .e . , religious endowment) . . 540 



26 - THE BOOK OF AL-'UMRA » y tf - H 



21 



26 -THE BOOK OF AL-VMRA 5 ujUT - H 



(1) CHAPTER. The obligation of performing i Iftei j S^lill 4>tf O) 
'Umrah and its superiority. 

Ibn 'Umar uj^ &i ^5 sa id, "Ha/)' and : U^- &t Cs^f ^ If) 

Vmra are obligatory for everybody." And ? 5 " s i. , *\ 

Ibn 'Abbas 3bi ^5 said, " Vmra is * ^ ^ - J ^ ^ ^ 

mentioned in conjunction with Hajj in the : U-JIp ilbl J^Sj 

Book of Allah j^, ^ : 'And perform properly 4j| ** " ' U~j ij Ljl 

(i.e., all the ceremonies according to the ^ - ^ - ^ H^j^ ^ 

ways of Prophet Muhammad 2g ) /toj/ and . [ m : s ylJl] 4% t$t> ^ 
Vmra for Allah.' " (V.2 :196) 



1773 . Narrated Abu Hurairah ^ ^5 : ^ 5b I jl£ - ^ VVV 
Allah's Messenger £g said, "(The ^ . > , 
performance of) Vmra is an expiation for ^ 4 * 

the sins committed between it and the t^I^Jl Jup y\ JZ ^f 

previous one. And the reward of Al-HajjAl- -\ A\ \\ - \ 

Mabrur (the one accepted by Allah) is & ^ t ^ U - J1 ^ ^>) 

nothing but Paradise ." ^ 5X1 1 djLj LA : aIp <3b I j 

(2) CHAPTER. The performance of <t/mra g^Jl ^1 Ja ujL (Y) 

before . 

1774. Narrated Ibn Juraij: 'Ikrima bin j-> juJ-I Llil^- - WV1 

Khalid asked Ibn 'Umar &i ^5 about ' 1 U" * I ' 43bl JUp U' °* I ' JuAi 

performing '£//nra before Hajj. Ibn 'Umar ^ ^ * ^ * ^ * 

replied, "There is no harm in it." 'Ikrima OLi jJU- j> X* JlJ* if : 
said, "Ibn 'Umar also said, 'The Prophet ^ " Ui_vp I *' "I 

had performed '£//nra before performing -^^^ ^ Cf- 

Narrated 'Ikrima bin Khalid : "I asked Ibn 4 «. .... .„> , 

t UmarL4^^i^3thesame(asabove)." ^ ] & J ^ : 



26 - THE BOOK OVAL-'UMRA o u*tf - H 



22 



J li : j^r j-; ' ^ jr 3 " * * f-f ^ 
^ip ^jl cJU- *^j^>- ^ 

(3) CHAPTER. How many times did the ?jg| ^Jl ^pI ^ :cSL (r) 

Prophet^ performs? ^ ^ ^ 

1775. Narrated Mujahid: 'Urwa bin Az- 

Zubair and I entered the mosque and saw tJi^U^ ji- t ^p t 1 



'Abdullah bin 'Umar sitting near ^ > ^ fl > ^ j ^^j^/ J u 

the dwelling place of 'Aishah and some ^ 3 

people were offering the Salat-ud-Duha ^\>- j> &\ ^ ^ Jb*Jwl!l 

(Dufaz prayer). We asked him about their - J > ^^j r j- - ' J| 

Sfl/flf and he replied that it was a heresy. He ^y^i 1 lt? 

('Urwa) then asked him how many times the : J IS t ^y^waJ I 5 !>L^ Jb*J*-lS I ^ 
Prophet had performed 'Umra. He 'n-r »^ . tf"^ 

replied, Four times; one of them was in a ~ ^ 

the month of Rajab." We disliked to ?^ : JlS 

contradict him . . 

[*Yor .<3p v b\ 

1776. Then we heard 'Aishah 4ii , uLi-ll L'JLw j : J 15 - WV*\ 
the Mother of faithful believers cleaning her j^r • - . t^jj *| ilslp 
teeth with in the dwelling place . 'Urwa ^ ^ ' S^r^ 3 cjp* <jcz?>^ f ^ 
said, "O Mother! O Mother of the believers! J yu U 

Don't you hear what Abu ' Abdur Rahman is > - r . ? e , . tf . , . 

saying?" She said, "What does he say?" U 1 ' fi , ?\ * 

'Urwa said, "He says that Allah's Messenger 4ii J^J/, : : 
3g performed 't/wra four times and one of . tf> r°i r * ^ 
them was in the month of Rajab." 'Aishah 0*^1 * ] J** 3& 

said, "May Allah be Merciful to Abu 'Abdur jlp LI 3b I : cJIS . <~~>-j 

Rahman! The Prophet ^ did not perform ^ ^ > ^ ^ 

any 'Umra except that he was with him, and ^ J * 0j ** ^u^s 

he never performed any 'Umra in Rajab ." . JaS ^S-j ^ y^i- 1 Uj t o JLa Li 

r o i t ^vvv : jki] 

1777. Narrated 'Urwa bin Az-Zubair: I :^Lp ^ - >VVV 
asked 'Aishah 14!^ iiti ^5 (whether the 



26 - THE BOOK OFAL-'UMRA o wltf H 



23 



Prophet ajg had performed '£//nra in Rajab). : ^ Cy) ^ 

She replied , "Allah's Messenger #| never " j ^ .3 ^ * ; „ <> * e . ^ ^ 

performed any 'Lfoira in Rajab." ' ^ ^ 

[WVl i^lj] 

1778 , Narrated Qatada : I asked Anas ^3 j Ll^- - WV A 

ilp ft 1 : How many times the Prophet g| had • - '^ ' * ^ L$jb>. * lJL>- 

performed '[/mra . He replied , "Four times : * ^ " ^ C f ' ^ 

1. 'L^/nra of Hudaibfya in Dhil-Qa'da when :<up t>f>j cJU- 

the Mushrikun hindered him ; 2. 'Umra in the ^ . > ' - tl . , 

following year in Dhil-Qa'da after the peace J CV - J ^el 

treaty with them (the Mushrikun) ; 3. 'Umra ix^> £Z>- SJiAiJl ^ <uJ,lAJl 
from Al-Ji'rana where he distributed the war \ u - j ' v 

booty." I think he meant the booty (of the Jt' j WI & " OjSj*U}\ 

battle) of Hunain, 4. 'Umra along with his <, ^ g.>JL/> ^-4>" SjLJtiJ 1 ^ 
Hajj (Hajjat-ul-Wada) I asked, "How many i ^ r ^ *c ?, .' r . 

times did he perform Jfejf?" He (Anas) ^ >\ 

replied, "Once." : JU p-^ : . jSJ- - 

4r*-n iWA« t wv* .sl^ij 

[iUA 

1779 , Narrated Qatada : I asked Anas ^j>j ^UL* jJ^Jl ^1 l£U - WV<\ 
IIp &i (about the Prophet's c Umra) and he 
replied, "The Prophet g| performed 'Umra 



when the Mushrikun made him return, and 

'Lfoira of AUHudaibiya (the next year), and > f ^ 4 f. t r 

another ^mra in Dhil-Qa'da, and another ^° j:iJ ^ ^ ^ : JUu 

'[/mra in combination with his Hajj" <- ^•^J' ck^' IrtJ 



[WVA :^r\j] 

1780. Narrated Hammam: (Qatada said: LJjlp- : 4jJjb UjJI^ - WA* 
Anas said): The Prophet ^ performed four . . 

L Umra (three) in Dhil-Qa'da except the (one) & C J ^ '' ^ J 

'[/mra which he performed with his Hajj : His : 53^- ^ j^^' ^1 s^^l 
'[/mra from Al-Hudaibiya, and the one of the . . e - ^ . , 

- j , ^ , 

where he distributed the booty (of the battle) of ^li ~ ^ ^j*^ ' - J^*J ' 

Hunain, and another 'Umra along with his Hajj . 



26 - THE BOOK OF AL-'UMRA yUT H 



24 



[WVA 

1781. Narrated Abu Ishaq: I asked j_> xJjA Liili- - WA^ 

Masruq, 'Ata' and Mujahid (about the . i^\JJ> ' 

'Umra of Allah's Messenger ag). They said, * ^ 0^ 

"Allah's Messenger ^ had performed *f/mra ca^I Cju*^ ly\ 

in Dhil-Qa'da before he performed Hajj." I ^ e ' cJL* * J15 "LA**! 1 " ' 
heard Al-Bara' bin 'Azib U# %\ ^ saying, Jj ~* > ^ * ^> if 

"Allah's Messenger ^ had performed 'Umra ^jlp! : 1 ^JLas <• IJ-fcU^j £Uai-j 



in Dhil-Qa'da twice before he performed \\ . . 4ttS i , 



M oliiJl ^ j|| 4b I Jj^j 

iT^A t U** . ji^i 

(4) CHAPTER, <L/mra in (the month of) CjUlT, ^ o^ii ljL 

Ramadan . 

1782. Narrated 'Ata': I heard Ibn ' Abbas lil- : SlU l&U - WAY 

U«2p ill saying, "Allah's Messenger asked ^ . , ^ > ^ . ^ 

an Ansari woman (Ibn * Abbas named her but * ^ ' Cr-^ ^ ^ 1 t-**^- 

' Ata' forgot her name) , 4 What prevented you ill I ^ j ^ ts> ly\ : J 15 

from performing Hajj with us?' She replied, ^| J Jtf ' l) * ' LJIp 

'We have a camel and the father of so-and-so ' ^ J ' ^ ^ 

and his son (i.e., her husband and her son) y\ Ultl- - jUajSfl ^ 3lt 

rode it and left one camel for us to use for 4) , w • . * < 

irrigation.' He said (to her), 'Perform - ^ • 

't/mra when Ramadan comes, for '£/mra in U jl£ : cJU «?Lii 0\ 

Ramadan is equal to Hajj (in reward),' or , ... , > « * , ,. 

said something similar. ^ . ^ ^. ^ . 

aJ ij j+z£'\ OUiaj :JU 



26 - THE BOOK OF AL-'UMRA ft wtf n 



25 



(5) CHAPTER. The performance of 'Umra on iLsA^JI UJ Sj^JJl 4>b (o) 
the night of Hasba (the night of departure from , r - 
Mina) after finishing Hajj and on other nights . ^ 

1783. Narrated 'Aishah \fr &i ^'y. We l/^l : il^J l^IU - WAV 
set out along with Allah's Messenger j|j * , . ft . 

shortly before the appearance of the new " . 

moon (crescent) of the month of Dhil-Hijjah : cJli L$1p ill lJ£\s> j& 

and he said to us , "Whoever wants to assume ^ . , ^ > ^ i , , > - - - ( »-- 

Ihram for may do so ; and whoever wants ^ ^ ' ^ 

to assume Ihram for 'Umra may do so. ^» : U JUi jiA^Jl 
Hadn't I brought the Hady (animal for LjJ\\j '| lilo s ' I 

sacrific) (with me), I would have assumed l^f^ ' y^' * 

Ihram for 'Umra. 77 ('Aishah added,): So J>frM J*$t d\ 4*^"' t>°^ 

some of us assumed 7/*ram for 'Umra while > ?r . *, > „ - * M , rr _ , . > 
the others for Hajj . I was amongst those who " y v ' - 

assumed Zfrram for '{/rara . The day of 'Arafat <*%y>*> J^' ^ :cJlS "Sj^j 

approached and I was still menstruating. I *^ f s > fj. * - *Lil lL 
complained to the Prophet (about that) ^ " " J ' £^ ^ ^ ' J 

and he said, "Abandon your 'Umra, undo ^'j ^j^- cs^*^ 

and comb your hair, and assume Ihram for t „ r ^ - ? n 11 „ isLLI 

." When it was the night of Hasba , he ' J ^ yT^ ^ 

sent 'Abdur Rahman with me to At-Tan'im idJL-l^ ^^J^lj tuiiS^I* ^^ijU 

and I assumed Ihram for 't/mra (and ' s :r „ ^ n „ , t 
performed it) in lieu of my missed l Umra . * ' - ^ 

(6) CHAPTER, l/mra from At-Tan'Tm. Vj>s> (n) 

1784. Narrated 'Amr bin Aus: 'Abdur jlp ^ ^ 1^0^- - WAl 
Rahman bin 'Abu Bakr 14^ told me t . . „ . ^ , 9 . > . ;s . i . 
that the Prophet ^ had ordered him to let ^T. 

'Aishah ride behind him and to make her J^S jl ^jl j_>1 j^-Lp 



perform 't/mra from At-Tan'im. 



26 - THE BOOK OF AL-'UMRA Sj**H Mltf - H 



26 



1785. Narrated Jabir bin 'Abdullah fti ^ juJL« LiiJL> - ^ VA« 

u4^ : The Prophet ig and his Companions ^ > La'JI jl£ lil>. * JlliJl 

assumed Ihram for //a/; and none except the ^ ^ * 

Prophet and Talha had the Hady with ^p c^JjLJI y^^- ^p tJu>*^Jl 

them . ' Ali had come from Yemen and he had A . > . / / : * . , , , 

the tfody with him. He ('All) said, "I have ' ^ A ' ^ 

assumed Ihram with an intention like that of J* I $|| ^iJl jl : -tS» 1 j 

Allah's Messenger sgg. The Prophet gg «> - 1 - - - °r *'ti • \- 

ordered his Companions to intend the Ihram * <- ^ m ' * 

with which they had come for 'Umra , i .e . , to j 15 j . 4>JL£ j 5^ ^JJ 1 ^p ^ J_i 

perform the Tawdf of the Ka'bah [and Sa V > e - tl > t . - - - * i ^ 

(going) between As-Safa and Al-Marwa], to ^ ST^ / 

get their hair cut short and then to finish their 511! J^~« j aj Jil L-> cJUUl :JU$ 

/«mm with the exception of those who had the - ^^sfoit $f * Oh # 

/forfv with them. They asked, "Shall we go to ^ - ; ^ u J ; ^ 

Mina and the private organs of some of us are p cJ3 L I j&j t S^Ip La jii>J 

dribbling (if we finish Ihram and have sexual > * , u » ^ m, . ? , * c> 

relations with our wives)?" The Prophet ig ^ * J \" 

heard that and said, "Had I known formerly Ujl>-1 J I ji&o : I^JU$ 

what I know now, I would not have brought • 'ii- r « s fii * H 'li^ 

the . If I did not have the Hady with me I T * J ^ \^ 

would have finished my Ihram ." 'Aishah got L> o^liill L> ^ J*\ cSJel*\ 

her menses and performed all the ceremonies „ • . . . *i N/°r i *' 9 \ 

(of //ayy) except the Tcwa/. So when she ° ^ J 

became clean from her menses , and she had %\ ^-f j <-1jLp o\j . «cJLU-\ 

performed the TflWfl/ of the Ka'bah, she said, Jj^^jj ^ ^-rj ^ ^ ^ 

;i O Allah's Messenger! You (people) are ^ " ^ 

returning with and 'Umra and I am iXla :Jli -s-Ip^ 1^1 ^p 

returning only with Hajj\" So, he ^ ordered , > . . . • : ^^r 

'Abdur Rahman bin 4 Abu Bakr to go with her ' ^ ^ J " J 

to At-Tan'im. Thus she performed 'Umra (ji&fj C J^"J ^S^-*-; O filial; I 

after the /fay; in the month of Dhil-Hijjah. ^ „ ' 8 5 j| \J ?A>JU 

Suraqa bin Malik bin Ju'sham met the Prophet ^ ^ ^"^^ * ^ - 

atAl-'Aqaba (Jamrat-ul-'Aqaba) while the t^IUl ^1 LgJw ol 

latter was stoning it and said, "O Allah's £^J| ^ * L^J\ jX> 1 U 

Messenger! Is this permissible only for you?" ' * ' & ^ £^ * 

The Prophet #| replied, "No, it is for ever ^aJ |»-iJc»- ^ jlj 

(i.e., it is permissible for all Muslims to , ^c t1 - B1V ^ ^ 

perform ^mra before Hajj" (l) ^ x ^ J ' - J 



(1) (H.1785) This may also mean that the performance of 'Umra during the months of Hajj 
was permissible, contrary to what the pagans of the Pre-Islamic Period believed. (Fath 
Al-Bari) 



26 - THE BOOK OF AL-'UMRA I utf H 



27 



:JIS W J^-j I liU- ; li fi\ 

[\oov i^ij] .uibu j: 

(7) CHAPTER. The performance of ^Umra jJ* g»Jl J& jUip^I 4*L (V) 
after performing Hajj without having a Haay . 

1786. Narrated 'Aishah \& &t ^j>y. We ^ JlL^J tlijL>- - WA^ 
set out with Allah's Messenger #| shortly * ^ . ^ ^ m 

rr ' ^ ' 

Dhil-Hijjah and he said, "Whoever wants to (J^j^ : J^i ^) c^Sr'"' * ^ 

assume Ihrdm for 'Umra may do so, and , • , - • \.„ . ^ k , . - i i , 

whoever wants to assume Ihram for /foj/ may * ^ s? - ^ 

do so . Had not I brought the /tofy with me , I <ji S^^V 5"' 

would have assumed Ihram for 'Umra" . , >. > , .6 

Some of the people assumed Ihram for ^ " J " 

'Z7mra while others for /fa/)'. I was amongst . J^Ji V^"' 

those who had assumed Ihram for 'Umra. I m.T^ >Tr ^ > 8 . t * ^ t 

got my menses before entering Makkah, and ~ Lr ^ ' ' * (J T T- * 

was menstruating till the day of 'Arafat. I p4~y ■ ^JUliS/ cJiil ^\ 

complained to Allah's Messenger^ about it, , >• , . 

he said, "Abandon your 'Umra, undo and ^ ^ ^ * J ' ^ ^ 

comb your hair, and assume Ihram for /fojj/." jjj-^*-! J^*' 0-^? °-^J J^^H 

So, I did that accordingly. When it was the ^ > r 

night of Hasba (day of departure from v ^ 

Mina), the Prophet ^ sent 'Abdur Rahman ^1 o^ii t^^U- Ulj a*^p fji 

withmetoAt-Tan'Im. ^ ^ _ ^ > 

The subnarrator adds: He ('Abdur- '^J** ' u ^ ^ ^ J 

Rahman) let her ride behind him . I j t ^U..:.:,! I j t lIJL^ 1 j (^-^ 1 j 

And she assumed Ihram for 'Umra in lieu ^jvj . ^ ^jj ^JJJ^ ««JL 

of the abandoned one. 'Aishah completed - " ' 

her Hajj and 'Umra, and no /fa^fy, Sadaqa ^1 j^-yl Jl!p J-^j' <wa>JI 

(charity), or fasting was obligatory for her. ^ ^ ^ ^ 

(8) CHAPTER. The reward of Tmra is jJlS ^ S^lJLl! uiL (A) 
according to the hardship which one 
encounters in performing it. 

1787. Narrated Al-Aswad that 'Aishah lijb- : Slli LjJI>- - ^VAV 
I^Ip iii said, "O Allah's Messenger! The 



26 THE BOOK OF AL-'UMRA 



28 



people are returning after performing the 
two Nusuk (i.e., Hajj and 'Umra) but I am 
returning with one only?" He said, "Wait till 
you become clean from your menses and then 
go to At-Tan'Im, assume Ihram (and after 
performing 'Umra) join us at such and such a 
place. But it (i.e., the reward of 'Umra) is 
according to your expenses or the hardship 
(which you encounter while performing it) 



(9) CHAPTER. If a person performing 
'Umra departs after performing the Tawaf 
of "Umra, will that Tawaf substitute for 
Tawaf-al-Wadd' as well? 

1788. Narrated 'Aishah iiit ^y. We 
set out assuming the Ihram for Hajj in the 
months of Hajj towards the sacred precincts 
of Hajj. We dismounted at Sarif and the 
Prophet said to his Companions, 
"Whoever has not got the Hady with him 
and likes to make it as 'Umra, he should do 
it, but he who has got the Hady with him 
should not do it." The Prophet and some 
of his wealthy Companions had the Hady with 
them, so they did not finish Ihram after 
performing the 'Umra . The Prophet #| came 
to me while I was weeping . He asked me the 
reason for it . I replied , "I have heard of what 
you have said to your Companions and I 
cannot do the "UmraT He asked me, "What 
is the matter with you?" I replied, "I am not 
offering prayers ," (1 * He said, "There is no 
harm in it as you are one of the daughters of 
Adam and the same is written for you as for 
others. So, you should perform Hajj and I 



Cf ^9J* Cf) If) 4dji 

9j* l?) CfJ tjl^i ^ ^U!l 

cJUS if 

fj^-j £^ 

- i * ' „ „ ^ ^ 

JlS J . (J-U JlS {jAJ 

. ^ t ' Ij* 



(1) (H.17S8) This expression is an indirect way to say: "I have got menses and thus I 
cannot perform my prayers. Consequently, I cannot perform the ceremonies of 
'Umra." 



26 - THE BOOK OF AL-'UMRA o jaa)I ujUT H 29 



hope that Allah will enable you to perform 
the 'Umra as well." So, I carried on till we 
departed from Mina and halted at Al- 
Muhassab. The Prophet called 'Abdur- 
Rahman and said, "Go out of the sanctuary 
with your sister and let her assume Ihram for 
'Umra, and after both of you have finished 
the Tawaf I will be waiting for you at this 
place ." We came back at mid-night and the 
Prophet m asked us, "Have you finished?" I 
replied in the affirmative . He announced the 
departure and the people set out for the 
journey and some of them had performed the 
Tawaf of the Ka'bah before the morning 
prayer , and after that the Prophet |j| set out 
for Al-Madlna . 



(10) CHAPTER. A person should perform 
(the same ceremonies) in 'l/mra, as he 
performs in Hajj. 

1789. Narrated Safwan bin Ya'la bin 
Umaiyya that his father said, "A man came 
to the Prophet while he was at Ji'rana . The 
man was wearing a cloak which had traces of 
Khaluq of Sufra (a kind of perfume). The 
man asked (the Prophet 'What do you 
order me to perform in my 'UmraT So, Allah 
inspired the Prophet Divinely and he was 
screened by a piece of cloth . I wished to see 
the Prophet £jg being Divinely inspired. 
'Umar ilp &i said to me, 'Come! Will 
you be pleased to look at the Prophet jg 
while Allah is inspiring him?' I replied in the 
affirmative. £ Umar lifted one corner of the 
cloth and I looked at the Prophet 3fg who was 
snoring. When that state was over, the 
Prophet ^ asked, "Where is the questioner 
who asked about 'Umral Put off your cloak 
and wash away the traces of Khaluq from 
your body and clean the Sufra (yellow colour) 



cJt lA's*: ^» :Jli iJUl N 
C*zS U fillip C^S ^ol ^lij ^j* 

ir* Lpyi p '{JJu J^iii 

^ blTli .«LaU Li^iai! Ui^ljlS 

:cis «?Ui£y» : JUS JliJl kJj>- 

* ! 2 > x - - S> o * 

:Jli frlkp SjJj^ :£lli> 
: JUi (.s^Li :Jli jl tj^UJi 

. : cJii ^^^^ &\ 



26 - THE BOOK OF AL-'UMRA o ujUT - H 30 



and perform in your 'Umra what you perform 1 -W?*^ Vr^'j • ^ik* 

in your //(a/)' [i.e., the Tawdf round the . > Ul^ll '"la • lli ' * > ifju 

Ka'bah and the Sa y (going) between As- ¥ & & ' ' ^ ^ 

Safa and Al-Marwa]." ^! J^ilj ^Lll i& £Ul ?^UJ1 

1790. Narrated 'Urwa: While I was a ^ 43b I jup llij^- - 

youngster, I asked 'Aishah uIp 3>i -^j, the . ^ i-- °. f 'n- > * 

wife of the Prophet |g. "What about the ^ ^ ^ 

meaning of the Statement of Allah JU; :JU aJI : (*^* 

'Verily! As-Safa and Al-Marwa (two . > A . . ' ' > \l 

mountains in Makkah), are of the Symbols ^ ^ ^ ' * 

of Allah. So it is not a sin on him who "j-^Jl £-*jt ^13 <*^l 

performs /fojf or 'J/mra of the House (Ka'bah - \ . - ± 

at Makkah) to perform the Tawdf [Say ^ 0l > ! ^ ^ J ^ 

(going)] between them?' (V.2:158) I £Q\ ^ U j& ot 

understand (from that) that there is no sin ^yX^ -\ jjfc, yc$ "<*\ ] 

if somebody does not perform the Tawdf ~ °> " ^ ' ^ ' 

between them." 'Aishah replied, "No, for if L JS gj\ [> oA is^l] 4\l+> 

it were as you are saying, then the recitation . Vl . * 

i , cJUi . Uhp o JL * jl ULi j^l 

would have been like this : 'It is not sinful not ~" 

to perform 7flw><z/ between them .' This Verse J yu U*5 j 15 }J *>15 : 4_^J Lp 

was revealed in connection with the Ansdr -.z,^ M : t °T- > ° 

who used to assume the Ihram for the idol L^' 

Manat which was put beside a place called aJVI aJla cJ^Jl UJl . U^j 

Qudaid and those people thought it not right oJLi'l "15 UaiVl 

to perform the Tawdf of As-Safa and Al- ^ J jHt y c J 

Mar^a. When Islam came, they asked jl '^^J 3^ s ^ 

Allah's Messenger ^ about that, and Allah |5 rr ..^ n . . s tl - - . t 

revealed: " ' ^^•j 0^ '^^i 

'Verily! As-Safa and Al-Marwa (two ^ nbl I^JL- ^*>C^I 

mountains in Makkah) are of the Symbols tt - . -.^•f. 

of Allah.- . °^ ^ J ^ U ^ J 

So, it is not a sin on him who performs <SxJl <il ^l*^ &t *Jj*^J 

Hajj or 'Umra (pilgrimage of the House s<<yfc A '\<> "<*\ \ 

Ka'bah at Makkah) to perform Tawdf [Say w * > ; - C^"^ -? 1 

(going)] between them.'" (V.2:158) jp jLli Slj ^^-^ 

Sufyan and Abu Mu'awiya added: m- , °i 5 " ^ i 5 -f i i* 

Hishiim added (from ( Aishah): "The Hajj J ¥l* 2^ f ' C 1 ^ 



26 - THE BOOK OF AL-'UMRA o j*aM ytf - n 



31 



jl aJL>^?I j|| ^Ijl ^1 : lip 



or '£/mra of the person who does not perform LLja-i I j-J U> ^J^-^ 

the Tawa/ between As-Safa and Al-Marwa is ....... 

incomplete before Allah." , : <T jJ ' *J-^ J 

(11) CHAPTER. When should a person ?^iiiJl ^ (U) 

performing 'Umra finish his Ihram! 

Jabir & &t ^3 said, "The Prophet 
ordered his Companions to perform 4 t/mra jl <ul>**M ^ ^Jl ^1 : <up 
(with the Ihram they had intended for Hajj) 
and to perform the Tawaf (of Ka'bah, As- 
Safa and Al-Marwa) , and then cut short their . I j-UJj 
hair and finish the Ihram ." 

1791. Narrated Ismail: 'Abdullah bin 
Abu Aufa i - I ■ 'c %\ said: "Allah's 
Messenger 5§g performed 'Umra and we too 
performed 'Umra along with him. When he 
entered Makkah he performed the Tawaf (of 
Ka'bah) and we too performed it along with 
him, and then he came to the As-Safa and 
Al-Marwa (i.e., performed the Say) and we 
also came to them along with him . We were 
shielding him from the people of Makkah lest 
they may hit him with an arrow." 

A friend of his asked him (i.e., 'Abdullah 
bin Aufa), "Did the Prophet sjg enter the 
Ka'bah (during that '£/mra)?" He replied in 
the negative . 

1792. Then he said, "What did he (the 
Prophet 3i) say about Khadlja?" He 
('Abdullah bin Aufa) said, "(He said) 'Give 
Khadija the good tidings that she will have a 
palace made of Qasab (l) in Paradise and 
there will be neither noise nor any toil 
(fatigue trouble etc.) in it.'" 

1793. Narrated 'Amr bin Dinar: We lijb- \[$xSJj!>\ l£U - WW 
asked Ibn 'Umar ui^ iii whether a . „. > 
man who had performed the Tawaf of the i . . ^ 
Ka'bah but had not performed the Tawaf ^p U^Ip 4)1 ^fj If) 
[Say (going)] between As-Safa and Al- ^ J ^ ^ ^ 




(1) (H.1792) Qasab: An Arabic word meaning pipes made of gold or pearls and other 
precious stones. 



26 - THE BOOK OF AL-VMRA 



32 



Marwa yet, was permitted to have sexual 
relation with his wife. He replied, "The 
Prophet ;|| arrived (at Makkah) and 
circumambulated the Ka'bah seven times 
and then offered two-Rak'a prayer behind 
Maqam Ibrahim and then performed the 
Tawaf (going) between As-Safa and Al- 
Marwa seven times. And verily, in Allah's 
Messenger you have a good example to 
follow". 

1794. And we asked Jabir bin 'Abdullah 
ujl^ fti j (the same question) and he 
replied. "He should not go near her till he 
has finished the Tawaf (going) between As- 
Safa and Al-Marwa." 

1795 . Narrated Abu Musa Al-Ash'ari ^j>3 
aIp ft l : I came to the Prophet jjg at Al-Batha' 
while his camel was kneeling down and he 
asked me, "Have you intended to perform 
the HajjT I replied in the affirmative. He 
asked me, "With what intention have you 
assumed IhramT I replied, "I have assumed 
Ihram with the same intention as that of the 
Prophet ag." He said, "You have done well. 
Perform the Tawaf of the Ka'bah and (the 
Say) between As-Safa and Al-Marwa and 
then finish the Ihram" So, I performed the 
Tawaf around the Ka'bah and (the Say) 
between As-Safa and Al-Marwa and then 
went to a woman of the tribe of Qais who 
cleaned my head from lice . Later I assumed 
the Ihram for Hajj . I used to give the verdict 
of doing the same till the caliphate of 'Umar 
who said, "If you follow Allah's Book (the 
Qur'an) then it orders you to remain in the 
state of Ihram till you finish from Hajj^ if 
you follow the Prophet then he did not 



j»liuJl «wfll>- J-^j . 1*1^ cJJIIIj 
•j> Ubj :Jli - >V^t 

l~» :<3li .(U 

JMiL lii^j ((?cJii! 
.cll£l» ^1 

1 a .% \ Lj oJLp^! O-Llai . «Ju>-1 

^->JIj cJULai cJLis 



(1) (H.1795) i.e., to not to finish the Ihram' either perform Hajj-al-Qiran (if you have a 
Hady) or perform //fly; alone without the Vmra and that is the opinion of 'Umar 
-up only [See /fodfr/i No .1724 and its footnote Vol .2, Sa/iz7i Al-Bukhari] 



26 - THE BOOK OF AL-'UMRA o yfcf - H 33 



finish his Ihram till the //«<iy (sacrifice) had ^Ul J^i lU>-1 jlj . ^UiJL Uy>L 

reached its place of slaughtering (Hajj-al- >'°-\\ t tf i - <o t *V « 

Qirdri)." CT' ^ ^ r * ^ 

1796 . Narrated Al-Aswad : 'Abdullah the bJjb* : l£U - \ V ^ 1 

slave of Asma' bint Abu Bakr u^p 4t I , j ^' * | • °' ' | 

told me that he used to hear Asma' , ^ ^ ^ ^ ' < T* J ^ 

whenever she passed by Al-Hajun, saying, *\JL*\ ^Jy 5b I JLp jl :y^lNl 
"May Allah bless His Messenger Muhammad 
IH . Once we dismounted here with him , and 



l) ^3 4j 1 ! 4j Jl>- ^^-> ^ 1 



at that time we were travelling with light :j^i>JL 0^0 UK J ^1 

luggage ; we had a few riding animals and a j^j d ' ' 4) ' ' A* K \ JL? 

little food ration. I, my sister 'Aishah, Az- * * ~y*J ^ 

Zubair and such and such persons performed U>- Cr^J ^ ^ ^> 

'Umra, and when we had passed our hands > ^ uil'M iLii U'JLt 

over the Ka'bah (i.e., performed Tawdf ^^7^ ' * JJ " 

round the Ka'bah and between As-Safa and . ^jjJtj a-^51p ^^-'j ^1 

Al-Marwa) we finished our Ihram . Later on s ? . ?T ■ t - ^t. . • - - . «Tr * 

, r , _ - rT . ^ ULb-l C*-J1 U_b . Jjhj 

we assumed Ihram for the same \ 

evening ." . £-^<J L» ^Jj^kA 1 j-? LJLLa I 

(12) CHAPTER. What should one say on U JlL (\Y) 

returning from Hajj, 'Umra and Ghazwa. ^ f «*JI 

1797. Narrated 'Abdullah bin 'Umar ^3 ^» 4)1 jlU lliii - WW 

ui^ Whenever Allah's Messenger si ... 1.' t * 

returned from a Ghazwa, Hajj or 'Umra, he ^ C ^ ^ - 71 

used to say Takbir (Allahu-Akbar) thrice at jl : 1*4^ CrfJ if. ^ ^ 

every elevation of the ground and then would e r . l r i ' K ^fe "| * ' 

say, L« iJS/uz iV&i/Ja/iu Wahdahu la sharika & ^ ^ ^ 
/«/iu, lahul-mulku, wa lahul-hamdu, wa Huwa 

'ala kulli shaVin Qadir. Ayibun, ta'ibun, . \ *i k j °Vii - 

'abidun, sajidun, lirabbina hamidiin. ~~ \ * - ^ , 

Sadaqal-lahu wa'dahu, wa nasara 'abdahu, 4J (.aj JjL^i N aji^-j aJI N w 

wahazamal-ahzaba Wahdahu [None has the *.> \> , * • * \ i **f - { 1 f > 1 1 

right to be worshipped but Allah ; He is One lt <^ ^ ^ 

and has no partner. All the kingdom is for J j^^ 1 L ^j~t^ ^j^) • ji^ 

Him, and all the praises are for Him, and He >. , - „ t > . . , : > . 
. ' . r „ 7 . . , -oil (jJu^ tjjjul^ LJ tjjJ^L- 

is Omnipotent. We are returning with ' ^ 

repentance, worshipping, prostrating, and ^IJ>-Nl ^jij (.oJup j^jj <.oApj 

praising our Lord. He has kept up His 



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Promise and made His slave victorious , and t n n *.T*M t Y 1 <U : ^ |] .« J&-j 
He Alone defeated all the confederates (of r _ 

disbelievers)] . 

(13) CHAPTER. Reception of the returning ^UJI £UJI jUL-l u»L Or) 
pilgrims ; and the riding of three persons on £\j$\ . SN&r 
one animal . tf '* ' 

1798. Narrated Ibn 'Abbas u& Sbt ^j: ^ l£U - W^A 
When the Prophet arrived at Makkah, . , > > . , 
some boys of the tribe of Ban! 'Abdul ' *Cr^ ^ 
Muttalib went to receive him , and the 4i I ^fj ^ I tf> t <u J>& If- 
Prophet made one of them ride in front -.^ A . \ > . / z ~* , - n l . 

of him and the other behind him . " \ ' \ 

(14) CHAPTER. Arriving in the morning. ofj&l j» jj&l u»L ( U) 

1799. Narrated Ibn 'Umar U£* &i ^j: ^ jlU-I Llil^ - 
Whenever Allah's Messenger £g left for * £p * * r I UJ Jo- ' lA>J I 
Makkah, he used to offer Salat (prayer) in ^ ^ * C * 
the mosque of Ash-Shajara, and when he ^ I U ^p t <u I JuIp ^ 
retunied (to Al-Madina), he used to offer > . ^ , . 
Sa/af in the middle of the valley of Dhul- - J f J °; 

Hulaifa and used to pass the night there till { J^4. lJI ^ 3H 

morning. "f / ... .r.. 

(15) CHAPTER. Returning (home) at AU J^-^t ^Ll (^«) 
'Ashi (after midday till sunset) . 

1800. Narrated Anas <Ip %\ ^y. The ^ j_i LLjJL^- - • 
Prophet never returned to his family from • - > t - . I £ . . - , 
a journey at night . He used to return either in * lt \ 

the morning or in the afternoon . ^ \ ^ t a>JL£ ^ I ^ 4j I JLp ^ 



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(16) CHAPTER. Not to go to one's family on £Jb \l\ aIaI Y :£L (H) 

arrival at one's town, at night. [See FathAl- 
Bari] 



1801. Narrated Jabir 2p 4i The ^ ^lli l^JL^- - \A*\ 
Prophet ^ forbade going to one's family at 9 . „ > . , t > 
night (on arrival from a journey) . £ ' ^ ; - ^ 

(17) CHAPTER. Whoever made his she- £Jb lij £ ljL (W) 
camel proceed faster on reaching his town OJUJl 
(destination) . 

1802. Narrated Humaid: Anas il£ &i ^3 ^1 ^ JU*J- u*l>- - ^A»Y 
said , "Whenever Allah's Messenger £g . j ^ B ^ > U " '] * " B " 
returned from a journey, he, on seeing the ' j**^ <ji jr*~ • pij* 
high places of Al-Madina, would make his 

she-camel proceed faster; and if it were „ ; ,r, , ,^ -\ K . 

/»J3 bl vUl ol5 : J *i <cp <ul 
another animal , even then he used to make it \ " * - J 

proceed faster." JujJlUI oU-jS ^ > U 

Narrated Humaid that the Prophet 
used to make it proceed faster out of his love 

for Al-Madina. ^ ijUJl Slj Jup ^1 J IS 

Narrated Anas as above, but mentioned . *> i - . ' > • - - - > 

"the walls of Al-Madina" instead of "the high * ^ ^ * ^ ^ 

places of Al-Madina ." Al-Harith bin 'Umair LJjo- : J Li L^jlS LLjJL>- 

agrees with Anas . rt • ' • ' > . , 

[^AAn : ^i] .^i 

(18) CHAPTER. The Saying of Allah Jbu: ^bl J^S 4>L (U) 
"...So enter houses through their proper ^ * * 
doors..." (V .2:189) _ L ^ J ' 

1803. Narrated Abu Ishaq: I heard Al- L : l^ : JuJjJl ^1 l^Jli- - \S*X 
Bara' ilp iil r^'j saying, "The above Verse * . . - ( - . ^ , . ^ 
was revealed regarding us, for the^nsar on " ^ * cr • 
returning from Hajj never entered their oJl& cJj; :Jji aip iil ^sfj ^I^Jl 
houses through the proper doors but from . i , ,r, >, . ti,, r.^ , . i-ti, 
behind . One of the Ansdr came and entered ^' * / " 
through the door and he was taunted for it. J~S ! jJl^Ju p IjUJ 
Therefore , the following was revealed : \* ' *\' ' \ *)L 9 C\ • - ^ 

"...It is not^/-5i>r (piety, righteousness) ^ J " * * ^ & ^ J fl*^ 



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that you enter the houses from the back , but t «j L> JlS J^-^i j Ua/N I 

Al-Birr (is the quality of one) who fears ' JjUJu JjlSo 

Allah. So, enter houses through their proper * -r 5 ; ^ 

doors..." (V .2: 189) ^ $j ot ^ 

[ion : J*\] :5yJl] ^kjgjl 

(19) CHAPTER. Travelling is a kind of ylJUJl t& yuJ\ :ujL (\\) 
torture. 

1804. Narrated Abu Hurairah & fti ^j>j : &\ jup U£L>- - ^ A • i 
The Prophet |j| said, "Travelling is a kind of . > » . . . 
torture as it prevents one from eating, ^ 

drinking and sleeping (properly). So, when Cf?J ^ d 0* 

one s needs are fulfilled, one should return * tl „ , 

quickly to one s family. ^ ^ ^ V 

.Alii J^l^ 

(20) CHAPTER. What may a traveller do if Jt Li\ ± \l[ ^LjJI uib (Y • ) 
he has to proceed fast to arrive home early? ' ^ *$y* 

1805. Narrated Zaid bin Aslam that his ^\ ^ x*l» l5jl>- - ^ A» o 
father said;, "I was with Ibn 'Umar ftl ^3 'j^ - e . ju^J U' ' 1 
up on the way to Makkah , and he got the * -f**' ^ ^ ' 
news that Safiyya bint Abu 'Ubaid was : Jli ol ^p t^iJLlI Juj ^Sr^' 
seriously ill. So, he hastened his pace, and - 

when the twilight disappeared, he - 
dismounted and offered the Maghrib and ^p 4jJG <xi Jj^li 

'IshcV prayer together. Then he said, "I saw ' ' a \± - -jjj^ jC^ | - r 
that whenever the Prophet ^ had to hasten 

when travelling, he would delay the Maghrib jH.ll ^>/j^ jJu jlS" lil ^lil 

prayer and join them together (i.e., offer the , , , I ' ' JjJ I J ' r 
Maghrib and the 7^a' prayer together)." J ■ Z*"*"^ c?" 3 ^ 



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And the Statement of Allah : 

"...But if you are prevented (from 
completing them) , sacrifice a Hady (animal 
i .e . , a sheep or a cow or a camel etc .) such as 
you can afford, and do not shave your heads 
until the Hady reaches the place of 
sacrifice..." (V .2:196) 



(1) CHAPTER. If one, intending to perform 
*Umra, is prevented from performing it. 

1806. Narrated Nafi* : When ' Abdullah 
bin 'Umar u4^ &i Cr?'-> set out ^ or Makkah 
intending to perform 'Umra, at the time of 
Al-Fitnah (trial or affliction)< 2) , he said, "If I 
should be prevented from reaching the 
Ka'bah, then I would do the same as 
Allah's Messenger jjg did, so I assume the 
Ihram for 'Umra as Allah's Messenger 
assumed the Ihram for 'Umra in the year of 
Hudaibiya." 



1807. Narrated Nafi' that 'Ubaidullah bin 
'Abdullah and Salim bin 'Abdullah informed 
him that they told Ibn 'Umar u£S fti jj>j 
when Ibn Az-Zubair was attacked by the 
army saying , "There is no harm for you if you 
did not perform Hajj this year . We are afraid 
that you may be prevented from reaching the 
Ka'bah." Ibn 'Umar said. "We set out with 
Allah's Messenger ^ and the Quraish 
disbelievers prevented us from reaching the 
Ka'bah, and so the Prophet £g£ slaughtered 
his Hady and got his head shaved." Ibn 



Jlij [\<U :s>JI] 4fc 

^ 41 jIp il£U - ^A'n 

jl : ^iU ^p idJJU U^-I : 

U5 cJ^i? cJlJ I j^p c-oJu2* jj 

. iljJlAjl ^Ip Jjhl jl£ 

^ 5b l jlp Uioi- - u«v 



4il o!p ^> <jbl jup jl : ^iU ^p 



(1) (Ch. 21)Al-Muhsar is a Muhrim who intends to perform /to/)' or 'Umra but is prevented 
from performing it because of some obstacle . 

(2) (H. 1806) The fighting between Al-Hajjaj and Ibn Az-Zubair. 



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38 



'Umar added, "I make you witness that I j|| <u! ^rj^- :JU* 

have made 'Umra obligatory for me. And if , - > >*> r 

Allah will, I will go and then if the way to ^ ^ J J 

Ka'bah is clear, I will perform the Tawaf, but jl&fitj ji^ j iili 5|§ ^1 

if I am prevented from going to the Ka'bah , ' • . , ^, (f 

then I will do the same as the Prophet 3g did ' ^ ST 

while I was in his company." Ibn 'Umar then cJ3l j^>^ ^jJ- o\* 

assumed Ihram for 'Umra from Dhul-Hulaifa ^ j.r ^ \. ° ^ ^ ^> 

and proceeded for a while and said, "The L ^ ^ 

conditions of 'Umra and Hajj are similar and JJila . <ui Uj ^^Ij 1 J*3 U5 

I make you witnesses that I have made ' Umra ^ * ; ^j^j | * 9 - ' *£j ^ 

and //a/)* obligatory for myself." So, he did J P"* ' - ^ tlr? . 

not finish the Ihram till the day of Nahr c JU>-IJ t * g '«l ^ L>J! : Jli 

(slaughtering) came, and he slaughtered his t& , ?f • £ •*( 

//fl^. He used to say, "I will not finish the C ^ ^ sT p-H-l 

till I perform the Tawaf, one Tawa/on J^-S U4U Ju>J ^JLi 4 <J>j+* 

thedayofenteringMakkah(i.e.,one5flyof M >. - 

As-Safa and Al-Marwa for both 'Umra and ^ : Jl5j ^ 

1 808 . Narrated Nafi' : Some of the sons of y> ^J>*L>- - \ A • A 
'Abdullah told him (i .e . , 'Abdullah) if he had . . ^ . . " 9 ^ > m - _ ^ 
stayed (and not performed //tyy that year) . ' C? 4 * ^ * 

1809. Narrated Ibn 'Abbas u# : b5i>. : JuAl l^J>- - ^ A • ^ 
Allah's Messenger ^ was prevented from ^ ^ • -Jl<» * I 
perlbrming ('Umra). Therefore, he shaved ^ *C ^ 

his head and had sexual relations with his t j£S ^ ^Jx^ LuJb- :^!>L- 

wives and slaughtered his Hady and " ^ ~, ^ -.^ " 

performed '£/mra in the following year. V *^ , ' ^J*^ a* 

. %li LoLp ^IipI cJ ^>- <UJUb 

(2) CHAPTER. One who is prevented from ^Jl ^ jUii>! 4^>L (T) 
performing the Hajj. 

1810. Narrated Salim: ('Abdullah) bin ^ i^J-I Lliii- - ^A^ • 
'Umar 14^ ^' ^3 used to say, "Is not (the 



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following of) the Sunna (legal ways) of ^^-1 LJ 



39 



Allah's Messenger sufficient for you? If • ' fl * | • j \ j * * *J| ' * * * 
anyone of you is prevented from performing ' {j* u^J-i 

Hajj, he should perform the Tawaf of the 5b I C^fj ^ o\S :Jl* pL* 



Ka'bah and [Say (going)] between As-Safa 
and Al-Marwa and then finish the Ihram and 
everything will become legal for him which J~J- ol 4)1 J>ij 

was illegal for him (during the state of ' ^ ' /^'^ '-j, 

Ihram) ; and he can perform Hajj in a ^ 

following year and he should slaughter a UIp J5 ^ 

//a<iy or observe Saum (fasting) in case he * ^ » « ! , > > ^ of * , . - 

cannot afford the /tafy . ^ - r * \ ^ v ; 

U^-l : JU 4il Jup jp j . Ljla 

[UY^ :^>-lj] yii ^.1 jp 

(3) CHAPTER. The slaughtering (of Hady) J jjUjl ^1 4»L (T) 

before shaving the head (in case) one is ^ 

prevented from performing (//ajf or 'Umra) . ^ 

1811. Narrated Al-Miswar il£ fti l^Jb- : ^ - 

Allah's Messenger ^ slaughtered (the Hady) . * . , , 1/ * f " I * s J I JlIp 
before he had his head shaved and then he fc ^ ' ^ 

ordered his companions to do the same. J* fc if fc Is 

[u<u i^ij] .iUJb 

1812. Narrated Nafi' that 'Abdullah and jlp ^ JiL^ ^JjU- - > ANT 
Salim said to 'Abdullah bin 'Umar fti ^5 > > \ °' * M * s \\ 

"(You should not go for Hajj this L * ^ * ^ ' 



year)." 'Abdullah bin 'Umar replied, "We JulAi ^ ^p jp tJJ^Jl 

set out with the Prophet M (to Makkah for . ' - e . * ? * . . . r « . . - n . 
oerformine 'Umra) and the infidels of C 



performing 'Umra) and the infidels of 
Quraish prevented us from reaching the 
Ka'bah. Allah's Messenger gjg slaughtered 
his Bw<iAi (camels for sacrifice) and got his 
head shaved." 




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(4) CHAPTER. Whoever said that the JL* ^ : JLS jj> £\-> (t) 
Muhsar is not supposed to perform 'Umra ^ - ^^ jl 

or Hajj in lieu of the prevented one. * < 

Ibn 'Abbas %\ said, "The ^1 ^p <.JL? ^p J^J 

performing of Hajj is only obligatory in lieu ^ ' , ^ ^> , . r | 

of that Hajj which is abandoned because of ^ ^ + ' ' ^ C 
personal pleasure (having sexual intercourse JolJl UJl : 1*4^ ^ <>^5 or"^ 
with his wife), and not for that which is . *r* tl > s - ^ . / , - 

abandoned because some genuine excuse or ^ ^ * ^ 

a similar thing (e.g., disease or lack of J>J <uU dUi ^1p jl ^Jlp <tll>- 

money), then he should finish his Ihram * jS Jj^ : 15 n ' " 

and there is no need for him to make up for ^ ' C?"^ 

it. And if he has a Hady with him and is jl ^lallJ N 015 01 ^o*J* 
prevented from performing , and he is ^ 1 ' *\ ' \]£L> \ "I * " " 
unable to send it to its place of slaughtering, \ o ^"7*^ ^ ^ ^ 
then he should slaughter it. But if he can Jlij . aJU^ ^ifJl £J£ <J>- J^> 
send it, then he should not finish his Ihram . > r ' JjUU 

till the Hady has reached its place (i .e . , has ^ *i f^i • a jifJ 

been slaughtered)." Malik and others said, 015 
"He should slaughter his Hady and have his . f * -.^ s. t 

head shaved wherever he is and does not ~r ; * / ^ J <eT 

have to make up for it , because the Prophet JIS J5 l^i^-j 

^ and his companions slaughtered the * ilJl "L^j 'I 'C*' ^il"Jall 

sacrifice and had their heads shaved in Al- ^ J-^i ^ J? 5 J ^ 

Hudaibiya and finished their Ihram before Jil ^ ^1 jl ^Jb p . cJJ \ 

performing the Tawaf and before the Hady 4J | 3 ^' | ' * f 

reached the Ka'bah . It is not mentioned that * J - > : J 

the Prophet £g ordered anybody to make up . {'j>*1\ £J^~ J 
for ;any of the missed ceremonies or to repeat 
anything. And Al-Hudaibiya is outside the 
boundaries of the sanctuary of Makkah." 



1813. Narrated Nafi ( : When 'Abdullah :J^pll^i LL*1^ - \A\T 
bin 'Umar Uj^ ^1 set out for Makkah 
with the intention of performing 'Umra in the 

period of Al-Fitnah (trial and affliction) , he J 15 1*4^ ^ ' Cff'l iy. 

said , *'If I should be prevented from reaching • ^ . * : > 

the Ka'bah , then I would do the same as we % ' ' ' ^ j^*** 
did while in the company of Allah's Lil^? U5 LiL> c*^' ^^■^ 
Messenger So, he assumed the Ihram 
for ' Lfoira since the Prophet #| had assumed 
the Ihram for 'Umra in the year of >!/- S^ijo J^l jl5 ^ ^ISl jl 
Hudaibiya, Then 'Abdullah bin 'Umar 



* ' e } ' ^ ^ s s ' 



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thought about it and said, "The conditions y** ^ &\ JLp jl p . ilJoiJl 

for both and 't/wra are similar." He ^\ ] -JUi *f * 'JaJ 

then turned towards his companions and ' V* ^ ^ 

said, "The conditions of bothHajj and 'Umra U : JUi ajU^I ^1 cJaJli 

are similar and I make you witness that I have »c • ? • 

made the performance of Hajj obligatory for Sf J\ T - J ^ 

myself along with 'Umra" He then Jill? ^ .SjU^I ^» £>*J1 ^~?rj\ 
performed one 7W<z/ [S<z *y (going) between * * * ^ * r T- ( . r i ' t 

As-Safa and Al-Marwa] for both of them ^ U ' ^ '\ ^> ^ 
(i.e., //<y)' and 'Umra) and considered that to [\^T^ . ^JLil ^ ks> tSj^ 

be sufficient for him and offered a Hady . 



(5) CHAPTER. The Statement of Allah JU;: ^ i^U; <jbl JjS (°> 

"..And whosoever of you is ill or has an 
ailment in his scalp, (necessitating shaving), 

he must pay a Fidya (ransom), of either :s^LJl] ^t£& jl jt >C* ^ 

observing 5au/n (fasts) (three days), or 
giving Sadaqa (charity - feeding six poor 
persons), or offer sacrifice (one sheep)..." j*U 
(V .2:196) 

He has the option. As for fasting, it should 
be for three days . 

1814. Narrated 'Abdur-Rahman bin Abu ^ <3bl xJ> tijJ* - ^A^1 
Laila: Ka'b bin 'Ujra <s> %\ j^'j said that > . . 

Allah's Messenger said to" him (Ka'b), ^ ^ : 

"Perhaps your lice have troubled you?" Ka'b {y>*-*J\ If If 4 <j-4* 

replied, "Yes! O Allah's Messenger." Allah's 
Messenger $$g said, "Have your head shaved 



and then either fast three days, or feed six ii! j|§ 4il Jjij ilp iiil 
poor persons or slaughter one sheep as a . ^ _ ^ ^ ^ 

sacrifice." ^ ~ 

i r l1 iLifj jLi!» :ig 

itow t n<u cno<\ c^a^a 

[iva t ov«r fcOino 

(6) CHAPTER. The Saying of Allah JUj: jt^ A I J^S 

"... Or giving Sadaqa..." (V .2:196) 



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Here Sadaqa is in the form of feeding six poor f UJ^ : ^ j [ > ^ : s^aJ 1 ] 4 
PerS ° nS ' J^&f 

1815 . Narrated Ka'b bin 'Ujra & &i ^ : UJjb- : ^Ju' y\ - \A\o 

Allah's Messenger ^ stood beside me at Al- . ^ <^J^- ' J 15 



Hudaiblya and the lice were falling from my ^ f 

head in great number. He asked me, "Have jl ^Jti ^\ ^ clw 

your lice troubled you?" I replied in the -.c , ' ^ . > - - 

affirmative. He ordered me to get my head % > 

shaved. Ka'b added, "This Verse: '...And ^Ijj fcrf^Jl* M ^ 

whosoever of you is ill, or has ailment in his • * >« . 'n - ' ti • - * U 

scalp...' (V .2:196) was revealed regarding " ^ » . , „> 5 ** 

me ."The Prophet^ then ordered me either ji>-U» :J15 : cii «?dUl^i 

to observe Saum (fast) for three days, or to ^ . , „ • ... . »f „ - f- 

feed six poor persons with one Fara^ (three ^ > „ 

Sa°) (of dates), or to slaughter a sheep, (as ^ o£ : £>Nl oJla oJ^ 

sacrifice) whatever was available." [Hl ..^ ^ ^ ^ ,^ ^ 



(7) CHAPTER. The Fufya (compensation for sli^eu ^JLaJI <y f^)!* < v > 
a missed or wrongly practised religious 

ceremony) in the form of feeding (six y 
persons) each with one-half a 55 i (of food) . 

1816. Narrated 'Abdullah bin Ma'qal: I :xJ>Jl y} ~ > AN 1 

sat with Ka'b bin 'Ujra Hp &i and asked 1 tf Jl jl^ ft ' * bijb- 

him about the Fidya, He replied, "This & - ^ ^ ( 

revelation was revealed concerning my case Jiii ^ *il Ju* ^Ur^' 
especially, but it is also for you in general. I «► > ' ^ ^ . j^- 

was brought before Allah's Messenger |g and °> ?tp a* ^ 5 

the lice were falling in great numbers on my <, ZJjo] \ oG <up 4)1 j^>j 
fa<^. The Prophet 3g said, "I have never "1^1^- * ' cJ"^ JUi 

thought that your ailment (or struggle) has v ^ J & ****** 

reached to such an extent as I see . Can you ^ ^bl dy^j cuUj>- .^Lp 
afford a sheep?" I replied in the negative .He U *b2' Ui3 1 ' 

then said, "Observe Saum (fasts) for three ^ ^ y ' *f * 

days , or feed six poor persons each with one- c ^ j I U viL ^Ju £*rj} \ tS 3 ' 

half a 5a' of food (1 Sd' = 3 kilograms , -r- ^-t, > ft A i . •! 

approx.) [and get your head shaved] . > * 



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2L. jf 4f iJt fj** 

[UU r^lj 

(8) CHAPTER. The Mww* (offering) is one SU ii-^JI :£L (A) 
sheep. 

1817. Narrated 'Abdur-Rahman bin Abu LJjU l&l^ - \A\V 
Laila reporting the speech of Ka'b bin 'Ujra * „ + ;s . * . ^ 
2p &l Allah's Messenger *g saw him ^ ^„ ^ ' ^ ^ ' & J 
(i.e., Ka'b) while the lice were falling on his JLp <J^^ ^ 4 £^ 
face. He asked (him), "Have your lice \- „ . f > »*. 
troubled you?" He replied in the ^ ^ ^ ^' 
affirmative. So, he |J§ ordered him to get 43b 1 J j-i j o! : <up lib I ly**- 
his head shaved while he was at Al- t , , ^ ]' 0k 
Hudaiblya. At that time they were not * ^ J ^ *^ J6j ^ 
permitted to finish their Ihram, and were o^ili : Jli ((VdJLilji tiLS^I» 
still hoping to enter Makkah. (1) So, Allah > . ^ ! ? 
revealed the Verses of Al-Fidya. Allah's ^ r J °^ 
Messenger $jg ordered him to feed six poor < ^J? { Js> ^ij 0>UJ 
persons with one Faraq of food or to ^\ j-:^ ' 1& I JL^Jb M 
slaughter one sheep (as a sacrifice) or to J f* " 
observe Sawn (fast) for three days. li^i ^Jai o\ ^ &\ dj^j 

" * *\ *\ *■ ' -* ^ 

[\AM .fill 

1818. Narrated Ka'b bin 'Ujra ^ fti j^j: j_> JL-lJx_i - \A^A 
Allah's Messenger ^ saw him (i .e . Ka'b) ' \ • \ " * [$ 8 ' - ' 
while the lice were falling on his face . ^ ^ ^ c " J ^ * 

J-p Jli • JtA L>x^> *£f^ 

- I "l ' " * f . I . - ° > 

4lH J 'J (J I . 4lP 41)1 o 

[UU .a£o 



(1) (H .1817) Ka'b was permitted to finish his Ihram because of ailment in his head and had 
to pay Fidya, although later on, all his Companions finished Ihram because they were 
prevented from reaching the Ka'bah . 



27 - THE BOOK OF AL-MUHSAR ytf TV 



44 



(9) CHAPTER. The Statement of Allah JUs: y> <Jb1 J)S uiL (*) 

"...Then he should not have sexual 

relations (with his wife) ..." (V J :197) ^ ' v : ^ J 

1819 . Narrated Aba Hurairah ib I ^ j : ^» j Uli^ - > A > \ 

Allah's Messenger ^ said, "Whoever , , . ' 

performs //a// to this House (Ka'bah) and ^Jy^ * k rO > * 



does not approach his wife for sexual t>«fj e^' tS* c^' 

relations nor commits sins (while t ^ ^ ^ ^ 

performing #ifl/j), he will come out as * ' J ' ^ J 

sinless as a newborn child (just delivered by pj jU* v£*I3l ^ £>■ 

his mother) 



(10) CHAPTER. The Statement of Allah :*J£j y> <bl J£ £L (\ •) 

J^-j "...nor commit sin nor dispute 
unjustly during Hajj. . (V 2 ;197) 



1820. Narrated Abu Hurairah &i ^5 : juJ«J LLjJL>- - \ AY 

The Prophet |g said, "Whoever performs 
//a;)' to this House (Ka'bah) and does not 



approach his wife for sexual relations nor S^ij^ c^' if Sp^* - c*^ 

commit sins (while performing Hajj) , he will l,^ ^ 3 \ 1 J U * 3 li £p & I 
come out as sinless as a newborn child (just ^ ^ ' y 

delivered by his mother) ^li^ jU* ^ £>- 

Hon i^ij] ^ ^srj 



28 - THE BOOK OF PENALTY FOR HUNTING &\)> ytf - TA 



45 



28 -THE BOOK OF PENALTY FOR JUdtl ^UT - TA 

HUNTING [(WikMVHRIM) 
AND SIMILAR THINGS]. 

(1) CHAPTER. The penalty for hunting (by a \J2s ^ : JbJ 4)1 JJ5 4*L O) 
Muhrim) and similar things. And the ^ „ %„ ^ , 
Statement of Allah JU;: ^ f** & V* ($> ^ 

"...Kill not game while you are in the <JJS ^^Jctf S 4 ^ tfe 
state of Ihram for Hajj or C/mra (pilgrimage) , A^f ^ ^ jjf \ - k 
and whosoever of you kills it intentionally, "^-$/**^ - - *- ^-^^ ^ 
the penalty is an offering, brought to the .[^l-^o:sxUl] 
Ka'bah, of an eatable animal (i.e., sheep, 
goat, cow, etc.) brought to the Ka'bah, 
equivalent to the one he killed ... to the end 
of the Verse. .. And fear Allah to Whom you 
shall be gathered back." (V.5 :95-96) 

(2) CHAPTER. If a non-Muhrim hunts (an ^liU <J}UJl \s\ iZiL (Y) 
animal) and gives it as a present to a <L t \ j 
Muhrim , (it is permissible for) the latter to - f J?**** 

eat it. Jg^. cr*^* d* 1 ji pJ 

Ibn 'Abbas and Anas considered that >vi s '\ r . * \> 

there was no harm for a Muhrim to up' jf ^ J* J • 

slaughter animals which were not game, ^JliJlj ^b-lilj jJ&lj p-^'J 

like camels, sheep, cows, hens, or horses. * . . - ' ' ,r, a • , ' a * 

«JjLp» O^S" ijL Jjlp iJUL 

:sjuui] .ilk ijj 34^ 

1821. Narrated 'Abdullah bin Abu :5jLii ^ SuJ tl£U - \AY\ 
Qatada : My father set out (for Makkah) in ^ „ „ . „ . „ + ^ 
the year of Al-Hudaibiya , and his ^ & 0* 
companions assumed Ihram, but he did ^| jilil :Jli tsSlS ^1 ^1 <b1 
not. At that time the Prophet was Jj " ti 'jlAJ I 'Lp 

informed that an enemy wanted to attack 

him, so the Prophet ^ proceeded onwards. jt j|| ±LjJ-j 

While my father was among his companions , 
some of them laughed among themselves. 



es m jifiiii 



(My father said), "I looked up and saw an ^ SJ^J^ <j\J^>\ ^\ 

onager (1) . I attacked, stabbed and caught it. 



(1) (H.1821) They were laughing because they saw an onager and could not hunt it= 



28 - THE BOOK OF PENALTY FOR HUNTING JUoN ujtf - U 46 



I then sought my companions' help but they J^-j j^>^, \fy o^lili ^^J^ 

refused to help me. (Later) we all ate its ^ • . >a^fr »«. r r .r- > ?* 
meat. We were afraid that we might be left . . 7 

behind (separated) from the Prophet jg. So, ^ LiS'U t ^ J~*S jl I^U 

I went in search of the Prophet jg| and made fi JJ£& "! Ljiji-' <uAJ 

my horse to run at a galloping speed at times ^ * ^ CT" - ' J y 

and let it go slow at an ordinary speed at tljLt ^~-»fj s^^* C?^ ^ 

other times till I met a man from the tribe of 
Bam Ghifar at midnight. I asked him, 



"Where did you leave the Prophet ag?" He ^lil ^l : ciS t JjUl 

replied, "I left him at Ta'hun and he had the „ » ^ >> ° ^ : 

intention of having the midday rest at As- ^ ^ ; 



Suqya. I followed the traces and joined the jl J Li : cJu$ . ULLJl 

Prophet si and said, 'O Allah's Messenger! ^ ^ ^ ,>,• ^ 

Your people (Companions) send you their i * ^ 

compliments , and (ask for) Allah's Blessings IjjdarJb jl ljJL>- ^1 t<ul 

upon you. They are afraid lest they may be J * ' |j • Jj^ 9 * UaiSli JJU i 

left behind; so please wait for them.' I ^ J * ' ' 

added, 'O Allah's Messenger I hunted an <o ij^j ^J^j 1 5S1 1 

onager and some of its meat is with me. ' (1) . > „ . ?r ... 

The Prophet |g told the people to eat it, V J ^ 

though all of them were in the state of tUYT t UXT : ^JiJI] . j jJ> 

1}?>ram ' t MM iT^U tTAofc 1T0V tUTfc 

[ot^Y iO-H^ toi.v iOi»i 

(3) CHAPTER. If the Muhrimun saw game Ul£ j^i ^Jti\ J\j \L\ :£b (T) 

and then laughed and a non-Muhrim J^UJI \J&Jai 

understood (why they laughed) (then their 

laughing is not to be considered as an 

intentional sign to draw the non-Muhrim's 

attention . Therefore they are allowed to eat 

the game) . 

1822. Narrated 4 Abdullah bin Abu Qatada ' ji - ^ AY Y 

that his father said, "We proceeded with the ' . , , *\'\ *\\ * & I I*** 
Prophet m in the year of Pd-Hudaibtya and t( -f^ ^ 4 ^ ' ^ 

his companions assumed Ihram but I did not . sU jl leSbi ^1 ^ 5I1I o!p 



= because they were in a state of Ihram ; neither were they allowed to draw the 
attention of Abu Qatada who was not a Muhrim then. 
(1) (H.1821) Perhaps Abu Qatada hurried to reach the Prophet $| so that he might ask 
him whether it was legal for the Muhrimiins to eat from that game, since some of his 
companions had refused to eat . 



28 - THE BOOK OF PENALTY FOR HUNTING J**!! USS - f A 47 



We were informed that some enemies were 
at Ghaiqa and so we went on towards them . 
My companions saw an onager and some of 
them started laughing among themselves. I 
looked and saw it . I chased it on my horse 
and stabbed and caught it. I wanted some 
help from my companions but they refused. 
(I slaughtered it all alone) . We all ate from it 
(i.e., its meat). Then I followed Allah's 
Messenger gjg lest we should be left behind. 
At times I urged my horse to run at a 
galloping speed and at other times at an 
ordinary slow speed . On the way I met a man 
from the tribe of Ban! Ghifar at midnight . I 
asked him where he had left Allah's 
Messenger 3g . The man replied that he had 
left the Prophet #| at a place called Ta'hun 
and he had the intention of having the 
midday rest at As-Suqya. So, I followed 
Allah's Messenger till I reached him and 
said, "O Allah's Messenger I have been sent 
by my companions who send you their 
greetings and compliments and ask for 
Allah's Mercy and Blessings upon you. 
They were afraid lest the enemy might 
intervene between you and them ; so please 
wait for them." So he did. Then I said, "O 
Allah's Messenger! We have hunted an 
onager and have some of it (i.e., its meat) 
left over." Allah's Messenger told his 
companions to eat the meat , although all of 
them were in a state of Ihram . 

(4) CHAPTER . A Muhrim should not help a 
non-Muhrim in the hunting of a game . 

1823. Narrated Abu Qatada <J> 2>i ^y. 
We were in the company of the Prophet i§ at 
a place called Al-Qaha (which is at a distance 
of three stages of journey from Al-Madma) . 
Abu Qatada <J> &i Cr?'j narratec * through 
another group of narrators : We were in the 



fl* il ^ <~ ttfitfl :Jli 

o -* ^ • \ o " ^ 3 .0 

(j^J ^Uw? 1 jtaf 



C-Jl>J3 . La..!. J I Jjli Jjfcj j^Xj 

^jtJ-j Ljx2?I LJl c I <3 

[ ^ AT T . jji >^ 

Jt>U3l f^JI ^ V :ujLj (t) 
JL5JI ^ 



4ul jlp UJLi - \AVT 



28 - THE BOOK OF PENALTY FOR HUNTING cjW - TA 



48 



company of the Prophet ^ at a place called . ^ L JJ> *rt^\ lj* ^-L^^ 

Al-Qaha and some of us had assumed Ihram . A . ■ . > j « - .< s 

while the others had not . I noticed that some - ' • ^ ^ 

of my companions were watching something, <, jUJ£ £^ USJb- ^O^jLi 

so I looked up and saw an onager . (I rode my > i( t . - * - > t 

horse and took the spear and whip) but my ^ v ^ ^ * Sr= 

•J. Mp fell down (and I asked them to pick it up i^-UiL j|§ ^ US :JU <cp 

for me) but they said, "We will not help you •^Ji ' ^ ' > ^JLi\ \L»' 

by any means as we are in a state of Ihram *" ^~T*~*^ ^ J ^-f^y ^ 

So , I picked up the whip myself and attacked <. LlL-^ J * 1 j-^d ^ Lj>w* 1 c-j \j± 

the onager from behind a hillock and , c , h * , bli - 

slaughtered it and brought it to my Cf J < -^* i ^ -> - % 

companions. Some of them said, "Eat it." ^Ap N : i^JUi «Js»3— 

While some others said , "Do not eat it So , g { " > > \ * % . i > * > ? 

I went to the Prophet jgg who was ahead of us \ ^ ^ * * 

and asked him about it. He replied, "Eat it, <CyLo jL^>Jl cJul 

as it is //a/a/ (i.e., it is legal to eat it)." * > > r , f > 

U JU c«J^ ^» : JUi 
[^AT ^ i^ij 

(5) CHAPTER. A Muhrim should not point J\ £pJJl ^4 ^ :£b (o) 
at a game with the intention that a non- ' .£) 

Muhrim may hunt it. * S*^ 

1824 . Narrated * Abdullah bin Abu Qatada l^J^ ~ ^ A ^ ' 

that his father had told him that Allah's . >? , Z 5 . , 

Messenger ^ set out for Hajj and so did his . , 5 

Companions. He sent a batch of his c>jr^ ' ^ ^^-r^j* If) J* jUiP 
Companions by another route and Abu " * *f t > Al 

Qatada was one of them. The Prophet #| • I 

said to them , "Proceed along the sea-shore ^ 4il J ^ • 

till we meet all together." So, they took the s-: -...r , >^/r r- , 
route of the sea-shore , and when they started ' J ^ f 

all of them assumed Ihram except Abu 1jJL>-» : JUi oSUi 
Qatada. While they were proceeding on, 
fife companions saw a group of onagers . Abu 



> t , $ $ 
\ jJL>-li t tt r^ilj ^i>- ^>JJl Jl>-Lx 



28 - THE BOOK OF PENALTY FOR HUNTING JUdtl utf TA 



49 



Qatada chased the onagers and attacked and I y>'J~\ \ y'j^> 1 Lli* . ^AIJ I J>- L* 
wounded a she-onager. They got down and ^ M SlJ LI ^1 lill 

ate some of its meat and said to each other : 

"How do we eat the meat of the game while <J**-j J^>- GO ^ Jjr~t (*-* 
we are in a state of IhramT So, we (they) >^ JLp SbS '! U^J 

carried the rest of the she-onager's meat , and J***^ *f °^ ^ J**** 

when they met Allah's Messenger jjfe they W-*- 5 ^ t>? ^^S^ b^r* c ^Ui W^? 

asked saying, "O Allah's Messenger! We > *|Jli 
assumed Ihram with the exception of Abu *- cP * y 3 

Qatada and we saw (a group) of onagers. ^jAJ ^ U LUAi ? 

Abu Qatada attacked them and wounded a ^ A , > , '* • « 7r . ,An 
she-onager from them. Then we got down ' , , , ' > 

and ate from its meat. Later, we said, (to ^j^-l U! J L M^Jli 

each other) , 'How do we eat the meat of the . • • > • T n ' i ^ 

game and we are in a state of Ihram? So , we " ^ \ 1 " \ ^ 

carried the rest of its meat." The Prophet |jg oSlii y\ J*j*j ^r^-j 

asked, "Did anyone of you order Abu . ^j^U \^\^\ '[A^ 

Qatada to attack it or point at it?" They & ^ ' ^ y ***** 

(we) replied in the negative . He said , "Then Jw? J^' p W-*- 5 ^ 

eat what is left of its meat." ♦ ^ . , f , , r Q . * * > > . ; 

[> AY > .«lf*AJ 

(6) CHAPTER. If any person gave a living ljU>- fj^U ^ 
onager as a present to a Muhrim then he ' *L2i 1J Ui- 

should not accept it. ff^* i " 

1825. Narrated 'Abdullah bin* Abbas ,>>3 ^ A I xS - UY« 

&i on the authority of As-Sa*b bin Jath- ^ . t JjLJL, LT M * * 
thama Al-Laithi that the latter presented an ^ * ^^-^ 

onager to Allah's Messenger while he was ^ ^ if) ^ If 
at Al-Abwa' or at Waddan , and he refused to 
accept it. On noticing the signs of some 



unpleasant feeling of disappointment on his tL>- I ^ t ^ Ci- 

(As-Sa'b's) face, the Prophet si said to him, # 4i I J J/J ^lif' 2t i'^I 

"I have only returned it because I am J ' ^ ^ 

Muhrim <^^>* ^r^J 



28 - THE BOOK OF PENALTY FOR HUNTING JUtfll *t> cjtf TA 



50 



[ro<w t rovr : jiu\] 

(7) CHAPTER. (What kind of) animals can & f>^l jiii U 4*L (V) 
be killed by a Muhrim . ' * „ * 

1826. Narrated 'Abdullah bin *Umar ^3 &\ xJ> L&U - \AYn 
u£p 5&I : Allah's Messenger^ said, "It is not . ^ U' t ' 
sinful on a Muhrim to kill five kinds of *" Cf ^ *" ' 
animals." (A crow, a kite, a scorpion, a %\ ^J>j ^ &\ xS 
mouse and a rabid dog) . . " . li£s - - ( ' , , * t K 

[mo : ^i] . JU ^ <3b1 J^j M 

1827. One of the wives of the Prophet 3§ UJjb* : Slli tl£U- - ^ AY V 
narrated : The Prophet said , "A Muhrim 
can kill (five kinds of animals.)" 



[UYA : ^1] 

1828. Narrated Hafsa \&'&\ ^y. Allah's ^ill ^ Qt>\ - \ AYA 

Messenger^ said, "It is not sinful (on anon- . ^ , . • ' f "w 

Muhrim or a Mw/inm) to kill five kinds of & "7* J if. ^ ^ = <J« 

animals, namely: a crow, a kite, a mouse, a i^JL- ^p iu >l$Ji ^1 jp ^Jj^ 

scorpion and a rabid dog." * A ' > . / . . . . 

<uil J** ^ jlp JU :JU 

4)1 J j-^j Jli : cJli : 1*4-^ 

1829. Narrated 'Aishah^ ill ^5: Allah's JU^i ^ - 
Messenger ^ said, "Five kinds of animals M *3u " * \ •** 'tlu 
are harmful and could be killed in the Haram * ^T* J & 



28 - THE BOOK OF PENALTY FOR HUNTING 



■Wall ujUT - TA 



51 



(sanctuary). These are: a crow, a kite, a 
scorpion, a mouse and a rabid dog." 



1830. Narrated 'Abdullah fti 
While we were in the company of the 
Prophet in a cave at Mina, when Swrctf 
Al-Mursalat was revealed and he recited it 
and I heard it (directly) from his mouth as 
soon as he recited it , then suddenly a snake 
sprang at us and the Prophet 3g said (ordered 
us) : "Kill it." We ran to kill it but it escaped 
quickly . The Prophet 3g said , "It has escaped 
your evil and you too have escaped its evil." 



1831. Narrated 'Aishah l$1p %\ ^j>j t the 
wife of the Prophet : Allah's Messenger #| 
called a house-lizard, a bad animal, but I did 
not hear him ordering that it should be 
killed." [See H. 3306]. 



v'j*^' J~li» :JLi 3|§ 4} I 
^j^ 1 t** <S^* 4 ^ 

.«jjJLjlji 4^-^- !| j tojliJij 

[TTU : ^ki] 

J M <~ ^ : <3li 

O-jj 1$j c-Js^J oli j|j 

:^ ^1 JUi tcliii UUjJSli 
[*vr* t *<\n t f<\r« t rrw : 

<il Jj^j !>f H ?J}\ \$i 

'. <A) I JuP jjI Jli 4XLdj yi\ 

[TT-n : >1] 



28 - THE BOOK OF PENALTY FOR HUNTING 4*41 t\'j> mW - TA 



52 



(8) CHAPTER. It is not permissible to cut JL^ii ^ :£b (A) 

the trees (1) of the Haram (the sanctuary of 
Makkah) . 

Narrated Ibn 'Abbas &i Crf'j'- The ^ erf 3 o*^* Cf) J^J 

Prophet ^ said, "Its (the Haram's) thorny >> . - "> - ./ Mb . ^ € * t , 

bushes are not allowed to be cut off." ^ ~ ^ ^ r 

mi. Narrated Sa'id bin Abu Sa'id Al- hJjb* lL ; Jb- - UrY 

Maqburi : Abu Shuraih Al-'AdawI said that \ " ilL ! 

he had said to 'Arm* bin Sa'id when he was *y ^ '~' ^ ' " 

sending the troops to Makkah (to fight <u! j^jiill ^.j^ If t^j^Jl 
'Abdullah bin Az-Zubair), "O Chief! Allow > 
me to tell you what Allah's Messenger £gg said 
on the day following the conquest of 1^1 dJo\ ^y^5\ 
Makkah. My ears heard that and my heart A . >. > „ ... ^ •* > 

understood it thoroughly and I saw with my ^ \ ^ 

own eyes the Prophet 3g when he, after ot^-li ^ ^ iH 

glorifying and praising Allah, said, 'Allah, * . •* ' \z x - . 

not the people, made Makkah a sanctuary, - ; ^ vft - 

so anybody who has belief in Allah and the JU^- <bj . <j p& 

Last Day should neither shed blood in it , nor >. , , , * , c * * . .r - 

should he cut down its trees. If anybody tells * \ 

(argues) that fighting in it is permissible on 1$ J*^ J>*j ^-Ul U*j>H p J 
the basis that Allah's Messenger did fight * . r. ... . A > t > 

in Makkah, say to him: Allah allowed His ^ ° - I J * ^ 

Messenger and did not allow you.' The o\i -S^i-i JU^aAi ^ J ^ 

Prophet m added : '[Allah allowed me only , j * ' ^ , j / ^ ^ : 
for a few hours on that day (of the conquest) ~ J ' - ^ J ^ ' " y ^ 

and today its sanctity is valid as it was before . t ^ ^j^ J. oi! 53b I oj : aJ 

So, those who are present should inform „ t,. * ' - f . *. - 

*yo AjP-U^ J Oil Lwl • rt-SO Jib 

those who are absent (concerning this ^ ^ - * r 

fad:].'" Abu Shuraih was asked, "What did I f"-*y>- oSLp Jli j jl^J 

'Amr reply?" He said, ('Arm* said) "O Abu ^ijjj J^]' ( /» > ^ 

Shuraih! I know better than you in this ' y * - j *^T^ * ^-^^r^ 

respect, Makkah does not give protection JU U ' .«CjLJ1 
to a sinner, a murderer or a thief."' >\t\ . f " a 



i ( i < it " ( s 



(1) (Ch.8) Trees : Naturally grown only, neither planted nor sowed by you. 



28 - THE BOOK OF PENALTY FOR HUNTING JUdll - TA 



53 



(9) CHAPTER. The game in the Haram ^\ jLi> N :uL (*) 
(Sanctuary) should not be chased or 

disturbed. 

1833. Narrated Ibn 'Abbas ^ : ^ IL^J \1&J* - UYT 
The Prophet « said, "Allah has made ^ . ( ^ ^ . ^ 
Makkah a sanctuary, so it was a sanctuary > ^ * L5 
before me and will continue to be a sanctuary ^I^p ^ c<u^£p ^ 4 ^^>- 
after me . It was made legal for me (i .e . , I was ' L*1Ip ihl ' *' 
allowed to fight in it) for a few hours of a day . ' ~ J ^ -*4- J 
It is not allowed to uproot its shrubs or to cut Ji^-V J>*J ^ii 5il jl» 
its trees , or to chase (or disturb) its game , or . ? , , . . , \ . a , - v . „ , 
to pick up its Luqata (fallen things) except by - - ' * * t^t 
a person who would announce that (what he L J&>^ N jl^J 4pL* cJl>-i 
has found) publicly." Al-'Abbas said, "O vt ^ . > , \ > - *> vt ^ . kl - 
Allah's Messenger! Except Al-Idhkhir (a kind f , " 

of grass) (for it is used) by our goldsmiths and N I \.£&a\ Jiitlj N j *. U JL-s^ ^io 

for our graves." The Prophet $g then said, . > , , • > 1u « ,!t JLil 

"Except vl/-/^Jt/i/>. " ( Ikrima said, "Do you J -^ J - ^ • * ' 

know what 'chasing or disturbing' the game . ^jjJj Lip La! 3^^' ^! '5**' 

means? It means driving it out of the shade to , , , , , t v , , v ?. . „r 

occupy its place. H1J ^ " ^ % % 

Hm .ElS^ 

(10) CHAPTER. Fighting is prohibited in JLii! ^ N :uL 
Makkah. > A . "... 

Narrated Abu Shuraih that the Prophet^ ^ ^ ^ J ~* 0j 

said, "It is forbidden to shed blood in . «Lo Jlill N» :J|§ ^1)1 
Makkah." ' ' ' 

1834, Narrated Ibn * Abbas u& %\ ^"y. <J\ ^ OLiP l^Jl^ - UV1 
On the day of the conquest of Makkah, the 8 . > , , * , LJj^. * iuli 
Prophet m said, "There is no more ^ ^J**^ S-Jr 
emigration (from Makkah) but Jihad and ^Lp ^1 ^^j^ 3 ^ '^W*- 
intentions (2) , and whenever you are called for ^Jj^ . J ^ Lilp iiil - 
/iTrarf , you should go immediately . No doubt , - J ( ' -^4-- s^*^ 
Allah has made this place (Makkah) a ^ B : ^» ^ 



(1) (H.1833) 'Afa' and Mujahid disagree with £ Ikrima for they think that it is permissible to 
dismiss the game , unless that brings about its death . 

(2) (H . 1834) i.e., you must have intention to participate in Jihad when there is call for it . 



28 - THE BOOK OF PENALTY FOR HUNTING *UaM *l> u»trf TA 



54 



sanctuary since the creation of the heavens 1 1 j^a>\* bjj t^u} 

and the earth, and will remain a sanctuary till -r^ ^ ,n , ^ * 

the Day of Resurrection as Allah has f-^ ^ * °- 

ordained its sanctity. Fighting was not j»1>>- ^J^j^O o!j_iJL!! 

permissible in it for anyone before me, and v r >?, ... 8 . „ j» 

even for me it was allowed only for a portion ^ - * ' *" ^ ^ ^ ' j 

of a day. So, it is a sanctuary with Allah's J^J Jliill J>J 

sanctity till the Day of Resurrection. Its , ' * m, t 

thorns should not be uprooted and its game \ ^ ~ i ^ - ^ 

should not be chased ; and its Luqata (fallen „ *i 5^ Lil I ^ 4)1 <u^>*j 

things) should not be picked up except by one .* M , >>* / M * >1>*\ 
who would announce that publicly, and its ' " " ** m ^ ~ 

vegetation (grass etc.) should not be cut." ^J^>h ^\ 
A1-' Abbas said, "O Allah's Messenger! > , . > , 

Except Al-Idhkhir (for it is used by their ^ <f * 

blacksmiths , and for their domestic \ t - - 5 I ^Jli l^-i*^ I *^ I t <&! 
purposes)." So, the Prophet ^ said, 



"Except Al-Idhkhir. 



.«>>o)M ^fl» :JLi t^^iJ* 

(11) CHAPTER. Cupping (i.e., letting out of c * /Jji U*>JI 4>L ( U ) 

the blood medically) for a Muhrim . >^ ^ ^ 

Ibn 'Umar branded his son while he was in '(V^ ^ ^ 
a state of Ihram, and it is permissible for a . JlJ? 5^ ^ U <^j1j£j 

Muhrim to take medicine on condition that it 
does not contain any perfume . 

1835. Narrated Ibn ' Abbas u# &i ^5: Jl£ ^ ^ l£U - \Aro 
Allah's Messenger^ was cupped while he ^ ^ ^ ^ ^ 
was in a state of Ihram . ^ 

tMaS' C ■■«.<>-■ t J J 1 : j j^-P 

^ <il J^j i^U-l :Jji L>4^ 
to^i^ t xm t rrvA jvr t Hr^ 

[OV^ t 0V tO^l^ tOA^O tO^^i 

1836. Narrated Ibn Buhaina aIp ii>l ^fj'. 
The Prophet ^ , while in the state of Ihram , 



28 - THE BOOK OF PENALTY FOR HUNTING JUdll uiltf - TA 



55 




was cupped at the middle of his head at iillp t J% ^ jUIL* Ujl>- 
Lahye-Jamal . i . Stl , ^ c» f 

(12) CHAPTER. The marrying of a Muhrim . ^ t^iL O Y) 

1837. Narrated Ibn 'Abbas u# &i ^3: jlp S^JlUI ^fl l£U - ^ArV 
The Prophet ^ married Maimuna while he 
was in the state of Ihram, (only the 
ceremonies of marriage were held) . 

(13) CHAPTER. What is forbidden for a ^Jai\ U 4*Lt (\T) 
Muhrim (male or female) as regards ' ^ J^iJl JjJi 
perfumes . 4 - -f**^ * f 

'Aishah %\ said, "A woman in the *y : Iglp Jul ^^sfj ilsU cJISj 
state of Ihram should not wear clothes * , ^ Jj; ^ijj 1 ijJi 

perfumed with Ware or saffron ." J y" JJ 1 ^y*^-* cr-r^ 

> - > „ 'a „ 

1838 . Narrated 'Abdullah bin 'Umar ^3 ^ 4)1 jl^- Ujl^- - ^AVA 
&i : A person stood up and asked, "O 8 . ^ . ^fjjj] ^jj^ • 

Allah's Messenger! What clothes may be ^ c £? ' ' ^ 

worn in the state of Ihram?' The Prophet ^ l»4^ & ' j 3^ ' ^ ^ 
replied, "Do not wear a shirt or trousers, or it " ' * ^ 

any headgear (e.g., a turban), or a hooded ' " , I ^ 

cloak ; but if somebody has no shoes he can ^ * ^ L-iJ I J~llj b \ U^ili 

wear leather stockings , provided they are cut ''f: m ^ * £ t. ' t ,.r « ,^m, 

short off the ankles, and also, do not wear ^ ' ' ~ J \ ^ s 

anything perfumed with Wars or saffron , and N j i o*)^ I t I 

the Muhrima (a woman in the state of Ihram) - \^ ^ ' M Jl N ''UUl 
should not cover her face , and should not * ^ J (*"* 

wear gloves." 0^*^^ cr4^* «J c-JLl 



28 - THE BOOK OF PENALTY FOR HUNTING JUall cjltf - TA 56 



1839. Narrated Ibn 'Abbas U# &i ^ : A 
man was crushed to death by his she-camel 
and was brought to Allah's Messenger £g who 
said, "Give him a bath and shroud him, but 
do not cover his head, and do not bring any 
perfume near to him, as he will be 
resurrected reciting Talbiya" 



(14) CHAPTER. The taking of a bath by a 
Muhrim . 

And Ibn 4 Abbas &i ^3 said that a 
Muhrim could enter a bathroom (for a bath) , 



and Ibn 'Umar and 'Aishah 



4jji 



did 



not think that there was any harm in 
scratching the body. 

1840. Narrated 'Abdullah bin Hunain: 
'Abdullah bin Al-' Abbas and Al-Miswar bin 
Makhrama differed at Al-Abwa' ; Ibn 'Abbas 
said that a Muhrim could wash his head; 
while Al-Miswar maintained that he should 
not do so. 'Abdullah bin 'Abbas sent me to 



\&\ jlIp JUj .^jUalij 
M» : t^U ^p tJLlLo 



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57 



Abu Ayyub Al-Ansari and I found him lii^-l ^ '/yL J I j t^lli]! 

bathing between the two wooden posts (of , & ? 4)1 jlp Jl& r c VL 
the well) and was screened with a sheet of " V" * ^ ' ' % Z y. . 

cloth . I greeted him and he asked who I 

I replied , "I am 'Abdullah bin Hunain , and I e ^ ^ J . > , > ^ > », ^ 

have been sent to you by Ibn 'Abbas to ask ^ ' J f/**^^ u*?*i 

you how Allah's Messenger ^ used to wash >L> J>\ ^1 ^-1^1 ^ JLp 
his head while in the state of IhramP Abu , , L^JL*J ijJL>-' ' * L^JVi 
Ayyub Al-Ansari caught hold of the sheet of u ^ 

cloth and lowered it till his head appeared c-LLi ^~>j~> y> j • I 

before me, and then told somebody to pour . % * , „r 

water on his head. He poured water on his ^ ^ 

head, and he (Abu Ayyub) rubbed his head JLp tiO ^^LSji t<^>- ^ 4)1 JLp 
with his hands by bringing them from back to : ,^ „ „ " ,s^ tl > A . 

front and from front to back and said, "I saw - ' ~ * ^ " 

the Prophet |jg doing like this." J-^j SB 41)1 J 

^ ^ £ ^ ^ ^ ^ p ^ £. ^ ^ £i 

. J IJb <_^>- oLWUai ±~>j5}\ 

O^) IJ^Jb JlSj U-gJ jJU 

(15) CHAPTER. Wearing of Khuff (leather lij j-JUjI 4>b 0<>) 

stockings) by a Muhrim if slippers are not ' ' T^j | m 

available (but one has to cut short the Khuff ^ ' * " \ 

below the ankles) . 

1841 . Narrated Ibn 'Abbas &i ^ j : I 
heard the Prophet ^ delivering a Khutba 
(religious talk) at 'Arafat saying, "If a 
Muhrim does not find slippers, he could 
wear Khuff (but he has to cut short the Khuff 
below the ankles) , and if he does not find an 

Izar (a waist-sheet for wrapping the lower- : o Uyo »wJa>J «|| j^lJ 
half of the body) he could wear trousers ." 




t^^oipJl ( j^1JLJU ^JLcJl Ju>o (j-* 



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58 



1842. Narrated * Abdullah Hp 2bi : Jjjj ^ Ju^-I l&>- - \At1 
Allah's Messenger |g was asked : What sort . . > r°i |.* fi 
of clothes a MwArim should wear? He * ^ ' ^ ^ 
replied, "He should not wear a shirt, 4&I Jup t^JL* ^p 
turbans, trousers, a hooded cloak, or a - 4s\ J * ' '\£ ■ <lp <jbl *' 
dress perfumed with saffron or Wars ; and if - J ' ' J 
slippers are not available he can wear Khuff :JUd ?^L£ll f>>«-*Jl J~J^ ^° 
but he should cut them so that they reach , . \, , c u > A, M 
below the ankles. ^/ * 

(16) CHAPTER. If an Izar is not available, JL^J li| :JjL» (n) 

one (i.e., a Muhrim) can wear trousers. n 

1843. Narrated Ibn 'Abbas up &i bij^- : ^ Si - \AiY 
The Prophet 3g delivered a Khutba (religious . ^ > > . , \£jj>- ' oLi 
talk) at * Arafat and said, "Whoever does not ^ ' i J ^ ^ * 

get an /zflr can wear trousers, and whoever cT'^tl^'C^ t jJj ^ ^ L=r 

^nnotget a pair of shoes (slippers) can wear ' l^-*' &l 



(17) CHAPTER. Carrying of arms by a cf^JU ^Cll ^ c^L (W) 



Muhrim . 



According to 'Ikrima one can carry arms if j jl*J I li| : ^ ^xp J IS j 

he fears the enemy, but the Fidya "bi !J "Szk\ " !>CJl 1J 

(compulsory penalty) has to be paid. No " C J £ cry 

religious scholar agrees with him on ^ 
necessitating the Fidya . 

1844. Narrated Al-Bara' 2* &i The ^p t4iii jup I^ju- - \At t 
Prophet |jg assumed Ihram for 'f/rara in the 



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59 



month of Dhul-Qa'da but the (Mushrikun) ji- <. JLx-^l ^1 ji- t J-Jl^J-l 
people of Makkah refused to admit him into 
Makkah till he agreed on the condition that 



he would not bring into Makkah any arms but JaI ^ U SJlii) I <u I 

sheathed. s - * > > , , ,~ ° t 



(18) CHAPTER. Entering the /foram and jJu J^ti i^iL OA) 

Makkah without assuming Ihram . " 

And Ibn 'Umar entered (without Ihram) ; ^Jjl ^1 LJlj tjli- J^-Sj 

but the Prophet ^ ordered those intending • -j jHj^V^ ^ 

to perform /fa;; or 'Umra to assume Ihram, J °~ 9 " 5 . ^§ 

but he did not mention the wood-cutters and j-L Lh-^J ' p-1 j *> S^-UL! I j 

the like (i.e., those who frequent the ' , „ * 

sanctuary of Makkah) . * r^*-* 

1845. Narrated Ibn 'Abbas fti jj>y. LJjb- : jJlU l31>- - \Mo 
The Prophet 3g fixed Dhul-Hulaifa as the | 'U» ' I Lijii- * *" 
M?a/ (the place for assuming Ihram) for the \ ^ L ^ J & ' 
people of Al-Mad!na, and Qarn-al-Manazil jl : l^S «3bl ^ <j* 
for the people of Najd , and Yalamlam for the r „ : . . *{. c * ^ s V 
people of Yemen. These Mawaqit are for ^ 
those people and also for those who come « JjLJJl jJ*J JaV j laJCJJJ} 
through these Mawaqit (from places other * ij" s >. tf > .r/jr, „ . 

than the abovementioned) with the intention ^/ ^ ^* a*? 3 J**-? 

of (performing) /fa;; and 'Umra. And those Sl^l tj4$* J>^ ^ 

living inside these Mawaqit can assume Ihram j ( . . c > t ' , . . ' ' • > t , s M , 

from the place where they start; even the ^ * ° , ^ 

people of Makkah can assume Ihram (for j» i>U JaI Hit d4>- 

Hajj only) from Makkah. r ^ 

Hoy* i^ij . 

1846 . Narrated Anas bin Malik il£ ft I ^3 : ^ 4» I ilp tiiJL> - ^ A 1 1 
Allah's Messenger £jg entered Makkah in the , , +. u . , * f - . > > 
year of its conquest wearing an Arabian V ^7 ^ 
helmet on his head (1) , and when the Prophet Jil ^iJLS La ^1 

^ took it off, a person came and said , "Ibn , ^ 'ULS * | ?) ' ' M " • ' 

Khatal is holding the covering of the Ka'bah f - J ^ ^ J * ^ 



(1) (H.1846) A Muhrim is not allowed to cover his head. The fact that the Prophet's head 
was covered while entering Makkah indicates that he had entered Makkah as a non- 
Muhrim . 



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60 



(taking refuge in the Ka'bah) ." The Prophet ap^ liia t^aJLjl kJ\j ^J^j ^aII 
^ said, "Kill him. +*\"> ,n - , m . "n- f *i " >-\ 

[oa«a t iUi 4 r«ii : 

(19) CHAPTER. If somebody ignorantly a^p, SUU- ^i-f ill :ujL (H) 
assumed Hiram while wearing a shirt (will * s 
Fidya be compulsory?) . ^ 

'Ata' said, "There is no penalty on a J*J j\ lil :£Uap Jlij 

Muhrim who perfumes himself or wears "'US *>U Lw-U f *>U Un- 

stitched clothes out of ignorance or ° J ^ 

forgetfulness." 

1847. Narrated YalalUii^: While I : JlIJjJI ^1 Uili - >A1V 
was; with Allah's Messenger |jg there came to , - * . . ^ . ; « . ; « 
him a man weanng a cloak having a trace of \ 
yellowish perfume or a similar thing on it. tA~*l ^ ^^JUL ^1 b\y^> 
'Umar used to say to me , "Would you like to ^ ± , " . > , , , > *> . - f * , 
see the Prophet $g at the time when he is -f ' - ^ ^ t~ ^ ~ ; ^ 
being inspired Divinely?" So, it happened jl S^w? a!j aIp- aIIp J^rj ©^>ti 
that he was inspired (then) and when the ,r, * > . >, •: t . > M : 
Revelation was over the Prophet said (to * * " ^? ^ ^ 
that man), "Do in your '£/mra the same as aIJLp JJ^ ?ol y jt <Jy 
you do in your //a/7." * . 5 , - tl- r ^ * > si 

1848 . A man bit the hand of another man t J>- j JJ J ~ ^ A i A 
but in that process the latter broke one *^ rf iil^t* 

incisor tooth of the former, and the Prophet * J * ^ t/^ S^** 

^forgave the latter S 2) [lAir iiiW t nvT t YUo -.^i] 

(20) CHAPTER. A Muhrim died at *Arafat ^ A^i» Oji: fr^ 1 ^ Y 

and the Prophet ^ did not order anybody to £ \ , tt£ - , * u >f 

. « „ .. a*a* AiP jl S iVJI 

finish the remaining ceremonies of Hajj on ^ ^ - J ^ -t m 

his behalf. 

1849. Narrated Ibn 'Abbas u4^ %\ ^y. j_> jU4-^ uiJt>- - >AH 



(1) (H.1846) Allah's Messenger on conquering Makkah, forgave all the people of 
Makkah except some persons who had committed nasty crimes against Islam and 
Muslims. 

(2) (H.1848) This piece of narration is a part of Hadith No. 6892, Vol. 9. 



28 - THE BOOK OF PENALTY FOR HUNTING JUoll y fcf - TA 



61 



While a man was standing with the Prophet ji- <. Juj ill>- L5i>- : v-j^- 

3g at 'Arafat , he fell from his Rahila (mount) , > * ' t Lo * 

and his neck was crushed by it. The Prophet ' ^ ^ ^ ^ - J J** 

^ said, "Wash the deceased with water and :JIS \*Jfs> ibl j ^ <J* 

Sidr and shroud him in two pieces of cloth , ^ ^ * 

and neither perfume him nor cover his head, ^ -f CT - ^ lt 

for Allah will resurrect him on the Day of : J IS j\ c^aSy t^T^J £fJ M 

Resurrection and he will be reciting Talbiya" 'JlJ-U ' ^III JUS aL^JIs 



N j <l^i I j I j^*j>tj N j <*<?>y • J LS 

1850. Narrated Ibn 'Abbas fti ^j: j-> oUli-^ tijJLi- - ^Ao » 

While a man was standing with the Prophet , t\ * * * 

3g at 'Arafat , he fell from his Rahila (mount) . lt ; ^ 

and his neck was crushed by it . The Prophet ^ Up jj \ ji> c jj Ju*-J- jZ> 



^ said , "Wash the deceased with water and 
Sidr and shroud him in two pieces of cloth, 

and neither perfume him nor cover his head , ^S j il 3§t ' £° ^ ' J 

for Allah will resurrect him on the Day of >o „ - f. - f „ ^ r t 

Resurrection and he will be reciting Talbiya . 9 ^ /' ' 

jju-j iJLiu :1| ^1 JUS 

* I- ' 1**'- M * ' V t -* M 

. «L5i LiJi ill 

(21) CHAPTER. The legal way of (burying) a oU (Si ^>^ll( 4li 
dead Muhrim . 

1851 . Narrated Ibn 'Abbas L*4^ &i j : A ^ >^ llijl>- - ^ Ao ^ 

man was in the company of the Prophet >| ^ . | . Ljjb- ' ' 

and his she-camel crushed his neck while he ^ ^ 

was in a state of Ihram and he died. Allah's y\ ji- t 0^ ^^r^! 

Messenger M said, "Wash him with water {. > , ' * f " . >i . 

and 5i^r and shroud him in his two garments ; V " 

neither perfume him nor cover his head, for y*j oii 4^Sji j|g ^-Ul ^ jlS 

he will be resurrected on the Day of ^ i , > ^ . _r 

Resurrection reciting Talbiya . - ' \ - 



28 -■ THE BOOK OF PENALTY FOR HUNTING JUotl wtf - TA 



62 



(22) CHAPTER. To perform^ on behalf jjJ&Ij gAJl i^lLi (YY) 
of a dead person and to fulfil his vows. A ' »fvj| - * *' *\£.*M cJUJl 
man can perform Hajj on behalf of a woman. ? ^ ^ £^ U^Jr 3 4 

1852 . Narrated Ibn 'Abbas : A ^ llijL>- - \ ho Y 
woman from the tribe of Juhaina came to the f . - cr. ^ >f , - . 
Prophet^ and said, "My mother had vowed ^ ^ ^ 

to perform Hajj but she died before ^jI ^p *j~>- ^ Ju^L ^p : 

performing it. May I perform /fa/y on my \ *f ., ?f i - 

mother's behalf?" The Prophet £ replied, & \ ^ J ' : ^ ^ &fJ ^ 

"Perform //o/y on her behalf. Had there been : cJU* 3|§ ^1 J I ofU- 

a debt on your mother, would you have paid s >^ 8 rr s tf • *{ * 

itornot?So,payMah'sdebtasHehasmore £~ r* £~ J ^ J ! 

right to be paid : J U ? tgl* £>-kt t cJl* ^JU- 

[vno : ^i] 

(23) CHAPTER. Performing Hajj for a gjr'j ^ £U gill 4^ <W) 
person who cannot sit firmly on the mount. ,r , tft( , . „ A, 

1853. Narrated Fadl bin 'Abbas %\ ^ ^ tp-^U- J\ - >Aof 
u#: A woman... ' , * , 

*■ -■ 
ST--! ?f 

* c J 

1854. Narrated Fadl bin 'Abbas &i ^ ^ ^^j^ iSJJu* - \Aol 
Ujl* : A woman from the tribe of Khath'am % > Mi >0 " i 'i i 
came in the year (of Hajjat-ul-Wadi? of the ^ ^ ^ ^ 

Prophet ^) and said, "O Allah's Messenger! jUlLl ^ 'Lf^ ^1 tl^JL- 

My father has come under Allah's obligation ^ " ir 

of performing /%* but he is a very old man * ^ ' ^ - ^ 

and cannot sit properly on his Rahila sf^ll o^U- :JU Cs**^ 
(mount) . Will the obligation be fulfilled if I 



28 - THE BOOK OF PENALTY FOR HUNTING JUoM wtf - TA 



63 



perform //a/)' on his behalf?" The Prophet^ :cJli t^lS^Jl jA^- ja 

replied in the affirmative . r „ A , "c - r * . A . > - . 

ho^r i^ij .«^» :Jli ?a!p 

(24) CHAPTER. Performing Hajj by a ji^JI sf^JI ^ i^b (Tt) 
woman on behalf of a man. 

1855 . Narrated * Abdullah bin * Abbas ^ ^ 4) I jlp - ^ Aao 
L*_S^ ^i: Al-Fadl was riding behind the , a . , ... ^ c^r.^ 
Prophet ^ and a woman from the tribe of ; V * Sr * - 

Khath'am came up. Al-Fadl started looking 4)1 Jup ^p t jLJ ^1 jUlli ^p 

at her and she looked at him . The Prophet 5§g ' \< • '\\- \ K \ - ' i 5 ' 

turned Al-Fadl's face to the other side. She ' ^ J V • 

said, "My father has come under Allah's Si j>\ o*L>*i jyg ^Jl ^ioj (U^Ln 

obligation of performing Hajj but he is a very , s u > . 

old man and cannot sit properly on his Rahila J cr— u~ * (*— 

(mount) . Shall I perform Hajj on his behalf? ^ ^IJ I J*^i i 4IJI ^l&j 

The Prophet replied in the affirmative. *- J| LkJL)l *J- 

That happened during Hajjat-ul-Wadct of the 6 ^ ^""f"*"^ ^ J 

Prophet^. ^1 cLs^l 4b I ol :^JUs 

iiL>-£)l JLp o£ N l^i" U^i 

^ iJDij iijUi :J15 ?^!p g£.fct 

n<^r i^ij] .^IS^JI <2J- 

(25) CHAPTER. The ffoj/ of boys (children oW^I 4*M (T 6) 
etc.) 

1856. Narrated Ibn 'Abbas u«!p jUJcJl jil l^JL^- - \A&*\ 
The Prophet ^ sent me (to Mina) with the A , . . <^ > >. * . 
luggage from /am* (i.e., Al-Muzdalifa) at " ^ ' ^ 

night. ^1 c^l^ :Jli ^1 ^ 



28 « THE BOOK OF PENALTY FOR HUNTING dL*n *1>> Mtf TA 



64 



1857. Narrated 'Abdullah bin 'Abbas U^-i t&Ai - \AoV 



I* iiii : I came riding on my she-ass and had \ > . . . > i 

(just) then attained the age of puberty. ST- ~ * J - 



Allah's Messenger ^ was offering &z/<2f at JlIp tyjr^ * 0^ <y. 
Mina . I passed in front of a part of the first 
row and then dismounted from it, and the 

animal started grazing. I aligned with the iul ^ 5^ ^ ^ 



people behind Allah's Messenger |g. (The 
subnarrator added that happened in Mina 
during the Prophet's Hajjat-ul-Wadd' .) <bl Jj-^jj ^1 jUl ^i>Ji 

[VI .^lijJi 

L858. Narrated As-Sa'ib bin Yazid &i ^5 



Hp (while in the company of my parents) I was 
made to perform Hajj with Allah's Messenger 

ijz and I was a seven-year-old boy then. ^ullJl Js> <. CaL ^ xJ**» ^Z> 
{Fath-Al-Ban, Vol. 4, Page 442) 



<J>^J ^° 2^ :< Jl* ^dji ^ 



- > 



cr^ c^ 1 

L859. Narrated Al-Ju'aid bin 'Abdur- ^ /J>Z £jb* - \/\o<{ 

Rahman: I heard 'Umar bin 'Abdul 'Aziz . ... > ... . . 

telling about As-Sa'ib bin Yazid that he had ' y * ^ 

performed //ay)' (while carried) with the ^J- cJLJ* : J 15 * ^ t>? 

belongings of the Prophet . . a . . ' . . . ^ 

^ L^XJ jj^*J I J~p ^ 

[vrr* cnv^Y : >i] 

(26) CHAPTER. Hajj of women. pLijI wwL (Yn) 

1860. Narrated Ibrahim's grand-father ^) Jl5j - \A*\* 

that 'Umar JJ_p ^5 in his last f ' i^i u^ s . 5 - * 

allowed the wives of the Prophet ^ to ~. <jr pr. ✓ 

perform and he sent with them <s> iil ^f j y^- oil ^eJb>- 
'Uthman bin 'Affan and 'Abdur-Rahman 



28 - THE BOOK OF PENALTY FOR HUNTING JUall t,\'j> - TA 



65 



bin 'Auf as escorts . «lt 

jlU ^ jUip j4^° 



1861. Narrated 'Aishah Lj_U &i ^3 : Slli - \AH 

(Mother of the faithful believers): I said, * > > . *j^rj| Alp 

"O Allah's Messenger! Shouldn't we ^ ^ ' 

participate in Holy battles and Jihad along ^1 4-iulp Liu-b^ : Jli o^Lp 

with you" He replied, "The best and the most . . „ . *f . - ' ?r 

superior (for women) is //ayy - //io// ^ " ^-"-r ^ - ^ 

Mabrur, - which is accepted by Allah." J j—j L> : oii :cJli c L^Ip <ul 

'Aishah added: Ever since I heard that P «>" > , * «f ? - \rf -i 

from Allah's Messenger 2ig I have J ' , ' 

determined not to miss /fojy . <di>-lj ^Lf=r^ tir*^ ' 



Lp cJUs . « jjj^ 5 t £f >,J1 

1862. Narrated Ibn 'Abbas fti : jUAJl ^1 bj-^ - \A1Y 
The Prophet ^ said, "A woman should not , * , » . > > - , 
travel except with a Dhu-Mahram (her ^ ^ ^ ^ 

husband or a man with whom that woman jA Js- t^llp ^1 ^\ 

cannot marry at all according to the Islamic ; , r ' , . - 

Junsprudence) , and no man may visit a tf > ' tf 

woman except in the presence of a Z)/iw- ^ Ml Si ^11 1 ^il~J M» 
Mahram" A man got up and said, "O Allah's M t " ° ' i 

Messenger! I intend to go (for Jihad) with { ^ rJ - J fc 

such and such an army and my wife wants to L» : J^- j J Us *. ^f^j Mj 

perform The Prophet « said (to him), _ < | f j j j > : 

"Go along with her (to Hajj)." ^ ^ ^ \ ^ 

t r«o .«lf^ ^^ -1>) 

[orrr t r«^ 

1863. Narrated Ibn 'Abbas &i ^ j : U^i! :jlJLp lilU- - \A1V 
When the Prophet ^ returned after * . ( - . * ( - 
performing his Hajj, he asked Umm Sinan • ^ 
Al-Ansariyah, "What forbid you from ^ ^Uap jp t^JiJl 
performing HajjV She replied, "Father of ^ ^ ^ . j u ^ ^, . 
so-and-so (i.e., her husband) had two camels CT* • 



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66 



and he performed Hajj on one of them, and jLww- J Li *-iA->- ^ ^ 

the second is used for the irrigation of our Q * . . „ - s t - e Vn 

land." The Prophet £ said (to her), ^ ^ ^:*jU^I 

"Perform 'Umra in the month of Ramadan, ^ t lfc>- jj tj*>U jjI :cJli 

(as it) is equivalent to Hajj or performing Hajj ' A /,r„ . . „ f . „ 

with me (in reward). J „ " 

[SeeH.1782] OLiT, ^ S^i 0U» : J 15 c U 

> r - „ - t$ , . i; 

4^ Olij -i§ i^l ^ 

Ijlkp '(H^ 1 ^ If ^ 

[WAY i^Jl 

1864. Narrated Qaza'a, the slave of jj> jLJJL^ LuJL> - \A*\i 
Ziyad : Abu Sa'Id who participated in twelve jjy^ji j££ * ^Jj^. 

Ghazwdt with the Prophet ^ said, "I heard ' ' * ^ ' * "7*^ 

four things from Allah's Messenger ^ (or I : Jli jLj ipji j^p 4 <y. 

narrate them from the Prophet 3jg) which 
won my admiration and appreciation. They 
are : 



1. "No lady should travel without her jt t 5|§ Jj| ^ 
husband or without a Dhu-Mahram for fi fi , ^ „ , 
a two days' journey. ^ ^ Irfr^^ 

2. No observance of Saum (fasting) is ^ <J&\j J^>^-^ 
permissible on two days of 'Eid-al-Fifr, jjj ^£ 5— j^l 
and 'Eid-al-Adha . 

3. No Salat (prayer) (may be offered) after " \ ( 

two Salat: after the 'Asr prayer till the ^ • <J>^^J J*^\ 

sunset and after the morning Salat - j-W»S\ jJu <. - 

(prayer) till the sun rises . > ^ fi - ' ^ fi 

4. Not to travel (for visiting) except for ^ fi , v , ' ^ 
three mosques: Masjid-al-Haram (in ^| JL^^Jl ^/j <, ^ l.tJ 



Makkah), my Mosque (at Al-Madina), t |^J| x>JLS "Ju>-L^ <5*>C 
and Masjid-al-Aqsa (in Jerusalem)." ^ ' ' 



28 - THE BOOK OF PENALTY FOR HUNTING JUall cjUT - TA 



67 



(27) CHAPTER. Whoever vowed to go on ^ ^L^Jl jii 4^b (YV) 
foottotheKa'bah. 



1865. Narrated Anas II* iii The ^ jUj>^ lijb- - ^A*^o 
Prophet saw an old man walking, f „ ^ * 
supported by his two sons, and asked about ^ ' ^ ^ 
him. The people informed him that he had if o^*^" * ^ 
vowed to go on foot (to the Ka'bah) . He said , *" , - * % „ / * ~t >* „ >t 
"Allah is not in need of this old man's ^ ^ J « ^T 1 J ' 
torturing himself ;" and ordered him to ride . J U L»» : J li <. aHJ I ^3 L$j 

:Jli t^^iJ jl jU :I^Jli «?LLk 

t t*~jJJo ^ Jul jl* 

[iv o : ^i] .C£ m J> M ^1 

1866. Narrated 'Uqba bin 'Amir -Oil ^j>j j_* \l$x>- - ^A*^ 



My sister vowed to go on foot to the . ^ 

Ka'bah , and she asked me to take the verdict ^ >l ~ JL ^^ oi f ' * ^ >* 

of the Prophet £g about it. So, I did and the ^fj^ : p-*Sr^ crt' 

Prophet gg£ said, "She should walk and also " f ' ' ' fi f - 5 ? * ' ' - 

shouldride." ^ ^ Jl ^ ^ 

t^Jb- ^JJl U j! 

jjLi,; ^ ^Jl y\ h\Sj :Jli 



29 - THE BOOK ABOUT THE VIRTUES OF AL-MADINA £j.uJI JiUb cjUT T1 68 



29 -THE BOOK ABOUT THE JSUafi c^UT - T<t 

VIRTUES OF AL-MADINA 

(1) CHAPTER, tfaram (sanctuary) of Al- SLjull ^ i^ib O) 

Madina . 

1867. Narrated Anas & &i The ijUJ&I ^1 l^J^ - ^AnV 

Prophet ^ said, Al-Madina is a sanctuary * . ' ^ > 

ft^t* IP Uj JL>- ! Jb j ' yj CI ^ ) \j Uj JL>- 

from that place to that . Its trees should not ~ ^j-- lt. . 

be cut and no heresy should be innovated nor ^1 ^p ijji-^l jji 
any sin should be committed in it, and 
whoever innovates in it an heresy or 
commits sins (bad deeds) , then he will incur ^ . \j£ \jg ^ £LuJl» 
the curse of Allah, the angels, and all the 
people ." 



[SeeVol.9,i/flrfS4No.7306] Cii- l£j ^Jii-I ^ 



[vr*n : ^1] . «J 

^1 i&U - ^A 

^p t^Ql ^P t^Jjt^Jl ilp 



1868. Narrated Anas : The Ujl^ \ y\ - ^A*^A 
Prophet 3H came to Al-Madina and ordered a 
mosque to be built and said , "O Bam Najjar! 
Suggest to me the price (of your land). "They ^ji :Jli <cp <ul ^y^j <j~^ 
said, "We do not want its price except from "\ juJi 5p 
Allah" (i.e., they wished for a reward from ' y~ - ^ J - ^ 
Allah for giving up their land free). So, the ^ : I^JUi t ^ ^ 
Prophet H ordered the graves of the ,* „^ ^ ^ ( ^ \lliL r 
Mushrikun to be dug out and the land to be j* ^ * . 
levelled, and the date-palm trees to be cut ^^JL c.^l. r 'J j-^^-ilJl 
down. The cut date-palms were fixed in the ' j ^ r . . ir • ^ > r 
direction of the G/Wafc of the mosque . ; J ' Ooj^ 

[m Ails jAlSl 

1869. Narrated Abu Hurairah ^ &t j£p J^pLwI l^oi- - ^A*^^ 
The Prophet |g said, "I have made Al- ' L^lL^ ' ' *f Jli M 
Madina a sanctuary between its two {Hand) c ^ - lt* 1 lt^ lJ? • u *u 
mountains." The Prophet ^ went to the tj^p ^ <bl jlIp ^p 
tribe of Ban! Haritha and said (to them), "I fi 'j * j^.^ 
see that you have gone out of the sanctuary," ^ <^T? J S~y t ^ o* c 

but looking around, he added, "No, you are ^ U : J15 ^ ^lll jl ilp 

inside the sanctuary." - tl „ , t 

: JU t«^LJ ^1p ojlIII 



29 - THE BOOK ABOUT THF VIRTUES AL-MADINA JiUafl ytf - TH 



69 



1870. Narrated 'All <S fti ^j>j : We have 
nothing except the Book of Allah (the 
Qur'an) and this written paper from the 
Prophet #i; (wherein it written :) "Al-Madina 
is a sanctuary from the 'Aer mountain to such 
and such a place , and whoever innovates in it 
an hereby or commits a sin, or gives shelter to 
such an innovator or sinner in it, will incur 
the curse of Allah, the angels, and all the 
people , none of his compulsory or optional 
good deeds of worship will be accepted. And 
the asylum (of protection) granted by any 
Muslim is to be secured (respected) by all the 
other Muslims; and whoever betrays a 
Muslim in this respect incurs the curse of 
Allah, the angels, and all the people, and 
none of his compulsory or optional good 
deeds of worship will be accepted, and 
whoever (treed slave) takes as masters other 
than his manumitters without their 
permission incurs the curse of Allah, the 
angels, and all the people, and none of his 
compulsory or optional good deeds of 
worship will be accepted." 



(2) CHAPTER . Superiority of AI-Madina. 
And that H cxpells (evil, vicious) persons. 

1871. Nairated Abu Hurairah &\ 
Allah's Messenger ^ said, "I was ordered to 
migrate to a town which will swallow (conquer) 
other towns and is called Yathrib and that is 
Al-Madina, and it turns out (bad) persons as a 
furnace removes the impurities of iron. 



[\avt : .«4J 
t u LJ jl>- : <y**~ jJ ' lJji>- 



3'. 



■ S ^-~>-^l J 

tils' J! J)s> U Yj>- oJlIIU 

\jjj>^a ^J, j\ j\ ljwl>- Lg_3 O JL>- 1 ^yi 

- ' °- f ° - r - ' i - 



M t^^^! ^liJij ^s^Uij 4)1 

5V) I iiJ ^lUe <.4Jl^i oil La^S 
jJL' V tjrf^ ^&lj> j&^UJlj 

ij] : Jjlp : 4)i 



If) j aLjuJI Jls^* (Y) 

4)1 Jllp 11jJL>- 



o^j L I 



29 - THE BOOK ABOUT THE VIRTUES OF AL-MADINA JiUai otf T1 



70 



(3) CHAPTER. Al-Madina is also called 
Taba. 

1872. Narrated Abu Humaid ^ fti ^y. 
We came with the Prophet 3g from Tabuk, 
and when we reached near Al-Madma, the 
Prophet m, said, "This is Taba." 



(4) CHAPTER. The two mountains of Al- 
Madina . 

1873. Narrated Abu Hurairah <J, fti : 
If I saw deers grazing in Al-Madma, I would 
not chase them , for Allah's Messenger jgg : 
said, "(Al-Madina is a sanctuary) between its 
two mountains." 



(5) CHAPTER. (What about) the one who 
avoids (runs away) from living in Al- 
Madina? 

1874. Narrated Abu Hurairah il£ ft) : I 
heard Allah's Messenger |g saying, "The 
people will leave Al-Madina in spite of the 
best state it will have , and none except the 
wild birds and the beasts of prey will live in it , 



i4i ^ji us 

i> LjuJi £L (r) 

, >° . . . ^ » - > f » ' 

f , „ ^ „ 

' >9 ' >i, . - >' ? 

J IS Aj! <CP 411 1 ^>*f J jJ ^ \ 

U» :#| 4iil JjLj Jli .1^>a U 
[un -.^ij] l^SN ^ 

:oUi\ £\ ISjJ- - UVi 



29 - THE BOOK ABOUT THE VIRTUES OF AL-MADINA £j-U)I JjUd y - n 



71 



and the last persons who will die will be two : J IS <ci 3b I j S^y* 

shepherds from the tribe of Muzaina, who ; * J ' ' & ~ ~\ J ' ' 

will be driving their sheep towards Al- ^y^j^ - 5" uj— »j 

Madina, but will find nobody in it, and ^ tcJl5 U ^J- ^d^ 1 
when they will reach the valley of Thanlya- , > > \,-u vj, * ? - 

tal-Wada', they will fall down on their faces, V 1 ^ 1 H UL ^ 

dead." 'JJJ, ^ J^\ 3 ^LUl 

1875. Narrated Sufyan bin Abu Zuhair ^ 4jI JLp ll5jL>- - \AVo 

'<* &i I heard Allah's Messenger e . *ljJU ** I ' * ' 

saying, "Yemen will be conquered and some Sr* f " ^ 4 ' 

people will migrate (from Al-Madina) and ^ <b I Jup ^ 0^ 

will urge their families, and those who will ' * ^ ^ ^ 

obey them to migrate (to Yemen) , although ^ J ^ - ^ fc 

Al-Madina will be better for them ; if they but cJL*J- : J Li «J ! Hp 3b I ^^-^ j 

knew . Sham will also be conquered and some , „^ > : <:^ • j « ^ { 
people will migrate (from Al-Madina) and ^ C 1 ^ ^ * ^ ™ ^ 

will urge their families and those who will (I-fclit d j£>*Zs OjL^ ^yti 

obey them to migrate (to Sham), although A , + - '*>'\\J\ " e ' 

Al-Madina will be better for them; if they but * C^J 

knew. Iraq will be conquered anr* some ^yfci ^lljl . j jlJJu \ y\S 

people will migrate (from Al-Madina) and L vf ' i 5 ' 2 * * 

will urge their families and those who will ^/ ft**) °J X ^ 3 

obey them to migrate (to Iraq) , although Al- \y \S ji aL JlI! I j <. ^ LUT 

Madina will be better for them ; if they but * 6 c ^ * , - >r . 

knew." ^- L?, ^ J1 -^J^- 

O ^ 1 fl f *t * ' * £ > 

(6) CHAPTER, /mow (Belief) returns and 5LjuJI Jl Jjt oLw)fl :4^L (n) 
goes back to Al-Madina . 

1876. Narrated Abu Hurairah & <bi : j_j llijL>- - \ AV\ 
Allah's Messenger |g said, "Verily, Belief 4 . , > ^ > ^^j^ 
returns and goes back to Al-Madina as a * of ■ ^ - 



29 - THE BOOK ABOUT THE VIRTUES OF AL-MADINA JiUai wttf - n 



72 



snake returns and goes back to its hole (when Jup J* 
in danger)." . ^ , = ^ * ° 



Jj-i*j jl : <cp iwi Jr^J ^ ' 

(7) CHAPTER. Sin of that person who J*^ ^ 4>M ^ 

betrays and harms the people of Al-Madina . 

1877. Narrated Sa'd <J> ^] : I heard NAVV 
the Prophet ^ saying, "None plots against 
the people of Al-Madina but that he will be 
dissolved (destroyed) like the salt is dissolved IaA 
in water.'' ^ 



(8) CHAPTER. The high buildings of Al- 1 IAj (A) 
Madina. 

1878. Narrated Usama ^ -dji : Once w\VA 
the Prophet ^ stood at the top of a castle , * , ..... • > . -, 
amongst the castles (or the high buildings) of ; * " w ' 

Al-Madina and said , "Do you see what I see? cJ^l : J ; i ■ ~ ^ : J i 

(No doubt) I see the places or spots of Al- ... » f v.. ■■ — 
Fitan (trials and afflictions) among your v - 

houses (and these F/ta/z will be) as c^-^ 

numerous as the spots where rain-drops fall : : , . 

^ ■ J ' ' v; -J- • - ^ 

t T t " V . ^J^J! \p 

(9) CHAPTER. Ad-Dajjal will not be able to OJUJl Jlijjl J^-Jb N :^>b (^) 
enter Al- Madina. > M . . . AWd 

1879. Narrated Abu Bakra ^ ^3 : The 



29 - THE BOOK ABOUT THE VIRTUES OF AL-MADiNA &U<J1 JiUai utsf - T1 



73 



Prophet £fe said, "The terror caused by Al- 
Masih Ad-Dajjal will not enter Al-Madlna 
and at that time Al-MadTna will have seven 
gates and there will be two angels at each gate 
(guarding Al-Madina)." 



1880. Narrated Abu Hurairah IIp &i ^3 : 
Allah's Messenger said, "There are angels 
guarding the entrances (or roads) of Al- 
Madina , neither plague nor Ad-Dajjal can 
enter it." 



1881 . Narrated Anas bin Malik il* %\ ^3 : 
The Prophet ^ said, "There will be no town 
in which Ad-Dajjal will not enter except 
Makkah and Al-Madina, and there will be 
no entrance (road) (of both Makkah and Al- 
Madlna) but the angels will be standing in 
rows guarding it against him, and then Al- 
Madina will shake with its inhabitants thrice 
(i.e. , three earth-quakes will take place) and 
Allah will expel all the disbelievers and the 
hypocrites from it." 



1882. Narrated Abu Sa'Id Al-Khudri ^ 
aIp iii : Allah's Messenger told us a long 
narrative about Ad-Dajjal, and among the 
many things he mentioned, was his saying, 
"Ad-Dajjal will come and it will be forbidden 



m & o> & ^ *'& 
sLij ILjlUI J-AjlJ N» :JLi 

[vm t vuo 

:^ 5li I (3^3 Jli : Jli IIp 
Ig-U-jJ N 4&!>U i^JuJl ^r J ^ 1 

[v>yt fc ovn 
^ ^r^j ilsjLi - ^AA^ 

^ & &i ^ ^ 

[v*vr 

: ^ ^ ^ l£U - ^ AAY 
I ^P <. If 4 ^■■■^■^ Uj-X?- 



29 - THE BOOK ABOUT THE VIRTUES OF AL-MADINA &JUJI JiUi y fef - TH 



74 



for him to pass through the entrances of Al- ^jJbiJl Ju*^. U jl t ifp 5b I 
Madina. He will land in some of the salty > > . j^' 

barren areas (outside) Al-Madina; on that ' ^ J ' ^ J 

day the best man or one of the best men will o l£i J L>-jJ I tf> *% m jb #| 

come up to him and say , 'I testify that you are ,, « * t . ? , - \ i , : * 

the same Ad-Dajjal whose descnption was - * v - 

given to us by Allah's Messenger jg.' ^4rf- J^-^j ol j*J ~ 

Dajjdl will say to the people, 'If I kill this man * . .... > ? . " r juJI 

and bring him back to life again, will you *r C • a**! Ti 

doubt my claim?' They will say, 'No.' Then jij aIJI £v>4* t aLjuJL 

Ad-Dajjal will kill that man and bring him ^ • ' a f 1*11 >0 ' 

back to life. That man will say, 'Now I know ^„ 

your reality better than before.' Ad-Dajjal ^jjl JL>-jJl dLl JLg-il : J jaS 

will say, 'I want to kill him (again) but I „ . , >. ■ : tf 

cannot.'" ^ ^ J -^ J 

Ijla cJS ol c^lj^ :JL>-jJI 

[wry : >i] . kaIU JiLj J&f 



(10) CHAPTER. Al-Madina expels Al- i&L O *) 

Khabath (all the evil and bad persons, etc.) . 



1883. Narrated Jabir J_U &i ^j>y. A ^ 3j XJ> LJjLi- - ^ AAV 
bedouin came to the Prophet 3§ and gave , . s . s , 
the AoiVi (pledge) for embracing Islam. The ^ 

next day he came with fever and said (to the t jjiUJl ^1 JiL^i t jUli 

Prophet *g), "Please cancel my pledge (of „ r ,f 

emigrating to Al-Madina)." The Prophet ^ * : Jl3 aip ^ 

refused (that request) three times and said, .f!>CNl ^ Jilli 3|§ ^1 ^Jl 

"Al-Madina is like a furnace , it expels out its ' ?-f' "n ' f ' 

Khabath- (the impurities - evil and bad )^ :JUi ' & 

persons etc.) and selects the good ones and oJuJl» :jUi tjl^a 

makes them perfect." ^ r > ^ . c 

[vrrr t vru t vy a a t vr^ : ^1] 

1884. Narrated Zaid bin Thabit %\ ^ ^ lliLi- - ^ AAi 
ilp : When the Prophet |g went out for (the 



29 - THE BOOK ABOUT THE VIRTUES OF AL-MADINA JiUi wtf f 1 



75 



battle of) Uhud, some of his companions ^Jip ^ tAlLi L*JL>- 

(hypocrites) returned (home) . A party of the -Jy j^.' I 4bl jlp *' - U 

believers remarked that they would kill those * -ji Ji . c 

(hypocrites) who had returned, but another <up 4b I j^fj Cotf jjj 
party said that they would not kill them. So, . ( ^ ^ > , > C ... ^ ^ 

this Divine Revelation was revealed : <-^s ™ - /** J tLf * 

"Then what is the matter with you that you cJUw 4j L>c^? I <J^>- 1 

are divided into two parties about the M u*. » * tc* 

hypocrites..." (V.4:88) * ^ ^ : ^ 

The Prophet said, "Al-Madina expels Sjffi* 4 y3 : cJj^ . f -frffi-' 
(the bad) persons from it, as fire expels the ...^ r / ^ 

impunties of iron. ^ J SfT ^ yy - - 

j&l J& U5 JU^I l«JU 

[toA<\ ,t*o* : ^i] .«JjjAJI 

CHAPTER. : (Lit 

1885. Narrated Anas <i>i <>?j: The jj 4b I jlp ^JL>- - ^AAo 
Prophet 3g said, "O Allah! Bestow on Al- . . > /. „ Ljl>. 5 ' * 
Madlna twice the blessings You bestowed on * ^ * * 
Makkah." jjl t cJUJ- : ^1 LjJL>- 

1886. Narrated Anas LLJ. ibi til>- : «I3 l^JL>- - ^AA*^ 
Whenever the Prophet #| returned from a . „ . ^ . > 'LpUL-| 
journey and sighted the walls of Al-Madlna, ^ *~ ^ ^ jf^r Cf. Ji£ 

he would make his mount go fast , and if he 3H ^lil o\ : *Ip 5b I ^1 
was on an animal (i.e., a horse), he would ♦ . 'r-r . - r ,r . 

make it gallop because of his love for Al- ^ p ^ ^7 ^' 5 

Madlna. jlj (,a£L>-!j ^^j^ V'O^ 

■W^- Cr? ^J*- 11)15 

(11) CHAPTER. The dislike of the Prophet $ ^ ^I)t £U (U) 



^ that Al-Madina should be vacated. 



4LjuJI 



1887. Narrated Anas il* ibl (The ^1 - ^AAV 

people of) Ban! Salama intended to shift near 



29 - THE BOOK ABOUT THE VIRTUES OF AL-MADINA &*oJ1 JiUai ottf N 



76 



the mosque (of the Pi oplACt ^) but Allah's tjj^la]l Jul>- ^lSj^' ^jr^"' 

Messenger ^ disliked to see Al-Madina S I' f ' J 15 aIp ifo 1 ' *' : f ° ' 

vacated and said, "O the people of Bani ^ * J ^* < ^ r ? J ^ 

Salama! Don't you think that you will be tJ^LUl ^1 \ jiy^J jl <ul^. 

rewarded for you footsteps which you take „ fl * ? ' ^ i , > - - > • 

towards the mosque?" So, they stayed at J ~ J ' J J ~T 

their old places . t L» : J li j <. <Lj JuJ I 

.ijJiiii «^3uT o > L^J ^ 

[loo ; ^ r | J ] 

(12) CHAPTER. :Z*L (H) 

1888. Narrated Abu Hurairah Hp ibi ^5 : ^i- oJLli li*JL>- - ^AAA 
The Prophet 2g said , "There is a garden from . . , , > . . . > e . 

the gardens of Paradise between my house J *?' ' ^ ^ - 

and my pulpit , and my pulpit is on my Haud j& t tf^-'J ' If. ^4?^ u^^*" 

[Tank (Al-Kauthar)]". f 

IV : cJ Vi ^§ ji- <up Jul 

1889. Narrated ^shahl^P ^i^]: When ^ jiILp Llil^ - ^AA^ 
Allah's Messenger #| reached Al-Madina, . , -'if > f i ;£ i i- 
Abu Bakr and Bilal became ill. When Abu ^ 4 _ ^ ^ I 
Bakr's fever got worse, he would recite (this <b1 ^ a-SjIp j& <**J\ j& t^LLa 
poetic verse) : \. >, > , , t 

Everybody is staying alive with his ' ^ J \ ' 

people, yet death is nearer to him than his y \ <l)l& y\ o^uJl 

shoelaces." > V 'jJJl t"i^4 it 

And Bilal, when his fever deserted him, ' /' * ^ 

would recite : ^ ^.1^ 

"Would that I could stay overnight in a ^ ^ t . > ' 

valley wherein I would be surrounded by " * J? <y ^- J J* J J 

Idhkhir and Jalil (kinds of good-smelling ^J>^>\ aIp ^151 lil J% jlS'j 

grass). \ >, ' K „ ^ > ro . 

Would that one day I could drink the ^ Cf^ 

water of the Majinna, and would that (the jLl Ji ^ ^! 

two mountains) Shama and Tafeel would 

appear to me!" 



i 1 ^ 



29 - THE BOOK ABOUT THE VIRTUES OF AL-MADlNA &JLa)I JiUai uittf tt 



77 



The Prophet 2g said, "O Allah.! Curse 
Shaiba bin Rabfa and 'Utba bin RabT'a and 
Umaiyya bin Khalaf as they turned us out of 
our land to the land of epidemics." Allah's 
Messenger then said, "O Allah! Make us 
love Al-Madlna as we love Makkah or even 
more than that. O Allah! Give blessings in 
our Sa' and our Mudd (measures symbolising 
food) and make the climate of Al-Madina 
suitable for us, and divert its fever towards 
Al-Juhfa." 

'Aishah '&\ added: When we 
reached Al-Madlna, it was the most 
unhealthy of Allah's lands , and the valley of 
Buthan (the valley of Al-Madlna) used to 
flow with impure , coloured water . 



1890. Narrated Zaid bin Aslam that his 
father said, "Umar Jl£ %\ ^3 said, 'O Allah! 
Grant me martyrdom in Your Cause , and let 
my death be in the city of Your Messenger 



oL^o Lo^j jijl J^J 
&\ pJl :Jli 

cUju ^yj LpU? ^ Li iljL* ^iJl 

^1 L*LiJ>- J^jl J 4 LJ LfJxJW? J 

[nrvY t onvv t cno* t r<\Yn 
t Jbjj ^ jJL>- ji- c ^4^1 LiJb- 

^ «>fj s>* if if t r^' 
if is) <3i5j 

. ^ • * f ' • ' 

c.JLw :cJli iU^'p ill 
c Ju j ( ^ r P t^Liw* J IS j c o • J j&i 

- - > > a - ^ °. - o f ' 



30 - THE BOOK OF AS-SAUM fyatt uittf - f. I 78 



30 - THE BOOK 0¥ AS-SAUM (1) »a*oM ujUT - r- 

(THE FASTING) 

(1) CHAPTER. Fasting is obligatory in (the t SUiJj ^> 4^ ^ ^ ^ 

month of) Ramadan. ^ ^ ^f-v ' 

And the Statement of AMhJU;: ^ ^ 

"O, you who believe! Observing As-Saum S% \pC 

(the fasting) is prescribed for you as it was w> ,S ^ 

prescribed for those before you , that you may \ ^ * ^ lT 



become Al-Muttaqun" {2) . [V .2:183]. .[ur :SyUl] ^@)0jiii 

1891. Narrated Talha bin 4 Ubaid-Ullah: ^ XZ? - \A<{\ 

A bedouin with unkempt hair came to Allah's t,^ , ^ 

Messenger ^ and said, "O Allah's s* 1 & ^ f** J^^i 

Messenger! Inform me what Allah has jJl^ ^ ^ 'fef ^ < 

made compulsory for me as regards y4s- , * ^ * * 

Salat (the prayer)." He replied: "You have ^ Ji ^ ^S* 1 «^ : <M 

to perform the five compulsory Salat t <&| J^J- j L :JUi ^I^Ji ^ 

(Iqamat- As- Salat) m a day and night (24 „ „ „ r ' r . . • * 

hours), unless you want to offer NawafiL" & Zr* 4)1 bU ^-T^ 1 

The bedouin further asked , "Inform me what J^iJ I o | » : JUi | 

Allah has made compulsory for me as regards t0 9 t - r * ^ ^ . * s 

fasting." He replied, "You have to observe S^T 1 : JU * * ^ ^ 01 ^1 

Sawm (fast) during the whole month of ?fLjkJl ^ 3b I J^y U/ 

Ramadan, unless you want to fast more as j? " - „ ^. - - - 

NawafiL" The bedouin further asked, "Tell 01 *i 0U; J J*** :JU * 

me how much Zakat Allah has enjoined on %\ ^>'J U ^y^-l : JUi t « Uli 

me." Thus, Allah's Messenger informed ; ^ 

him about all the laws (i.e., fundamentals) of J ^ <S* (S 1 * 

Islam . The bedouin then said , "By Him Who ; J Li . ^ tAJ-^ I *^ I^JL» ^ 4) I 

has honoured you , I will neither perform any * . ' ' * M ' * 

Nawafil nor will I decrease what Allah has *f ^ <£^J 

enjoined on me." Allah's Messenger jgj said , . ^ ft | lL j^J-f 

"If he is saying the truth , he will succeed (or • , '*% ^ * - ' 

said, he will be granted Paradise)." °) C^ 1 " J ^ JUi 



(1) (Bk 30) The fasting , i .e . , to not to eat or drink or have sexual relation etc . from before 
the Adhan of the Fajr (early morning) prayer till the sunset . 

(2) (Ch. 1) Al-Muttaqun means pious and righteous persons who fear Allah much (abstain 
from all kinds of sins and evil deeds which He has forbidden) and love Allah much 
(perform all kinds of good deeds which He has ordained) . 



30 - THE BOOK OF AS-SAUM f^alt - r 



79 



1892. Narrated Ibn 'Umar up fti ^'y. lijb- : Slli - >A^Y 



The Prophet jg observed the Saum (fast) on 
the 10th of Muharram ('Ashiira'), and 

ordered (Muslims) to observe Saum (fast) ^U*> : J 15 U^- 3x» 1 3^ 
on that day, but when the fasting of the ,s 
month of Ramadan was prescribed, the 
fasting of the 'Ashiira' was abandoned. N <Sb I JLp o 15 j til^J dl^»j {y>^ 
'Abdullah did not use to observe fast on „ ! | ^| » > ^ 

that day unless it coincided with his routine * <}* jt * ^y^i 

fasting by chance . [ t o • \ t y • • * 



^U*> :J15 L^I* 3^ 

lll5 <U L^2j ^ilj frljjJ^U j|| ^Jh\ 



1893. Narrated 'Aishah ip iii (The : j, JuS hio^- - >A^f 
tribe of) Quraish used to observe Saum (fast) 
on the day of 'Ashurtf in the Pre-Islamic 

Period, and then Allah's Messenger jjg : <£l>> jjl ill^p o! 

ordered (Muslims) to observe Sawm (fast) 
on it till the fasting in the month of Ramadan 



was prescribed; whereupon the Prophet ^ j»jJaJ cJl5 LiJy jl : 

said, "He who wants to fast (on 'Ashbra') * >, „| s > ^JUUJl * 'T *U 
may fast , and he who does not want to J f c — ' P J -*~* 

observe Sawm (fast) may not fast." . OLioj ^y^- ^L^u Ji| 4>t 

tLi 41 jiij 



if 



1 



(2) CHAPTER. The superiority of As-Saum f^JJI ji* < Y > 

(the fasting) . 

1894 . Narrated Aba Hurairah ilp &t ^ : ^ <i I jIp lI^JL>- - ^ 1 
Allah's Messenger m said , "Saum (fasting) is . . » . , ? . , , . . . , ; 
a shield (or a screen or a shelter from the ' ^ ^ ^ ^ * lt- 

Hell-fire (1) ). So, the person observing Saum ^yjfj VJ/J* ^1 ^ '^S*^' 
(fast) should avoid sexual relation with his ^ J * " * f 

wife and should not behave foolishly and * ^ ^ ^ • ^ ^ 

impudently , and if somebody rights with him ^ j tA5 £>- ^ 1 » 

or abuses him , he should say to him twice , 'I *. • >.fr t f v r ^ >0 i 

am observing Saum (fast) .'"The Prophet « ^ ^ jl ^"^ ^ ^ 

added , "By Him in Whose Hands my soul is , o ol <£ I j • <• ^5 

the smell coming out from the mouth of a . ^_% \ ' *' Jij 

person observing Saum (fast) is better with ^ * " • ** r* 



(1) (H.1894) See Fath AlBari. 



30 - THE BOOK OF AS-SAUM ^1 utf-t* | 80 



Allah JU; than the smell of musk . (Allah says 
about the fasting person), 'He has left his 
food, drink and sexual desires for My sake. 
The Saum (tast) is for Me So I will reward 
(the fasting person) for it and the reward of 
good deeds is multiplied ten times.'" 

CHAPTER. As-Saum (the fasting) is an 
expiation (for sins) . 

1895. Narrated Abu Wa'il from 
Hudhaifa: 'Umar '<lS &i asked the 

people, "Who remembers the narration of 
the Prophet 2g about the Al-Fitnah (trial or 
affliction)?" Hudhaifa said, "I heard the 
Prophet 3g saying, 'The Al-Fitnah of a person 
in his property, family and neighbours is 
expiated by his Salat (prayer), Saum 
(fasting), and giving in charity.'" 'Umar 
said, "I do not ask about that, but I ask 
about the Al-Fitnah which will spread like the 
waves of the sea." Hudhaifa replied, "There 
is a closed gate in front of it." 'Umar asked, 
"Will that gate be opened or broken?" He 
replied, "It will be broken." 'Umar said, 
"Then the gate will not be closed again till 
the Day of Resurrection." We said to 
Masruq, "Would you ask Hudhaifa whether 
Umar knew what that gate symbolized?" He 
asked him and he replied "He ('Umar) knew 
it as one knows that there will be night before 
tomorrow morning." 



(4) CHAPTER. Ar-Raiyan (one of the gates 
of Paradise) is for people observing Saum 
(fast) people. 

1896. Narrated Sahl ^ &i ^"y. The 



[vorA cvs^r co^rv : jicw 

\yte f>4Ji :uL <r) 

JLS :Jli VbJJ- l£ tjslj ^1 
:iL\L£ JLS ?i5iJl JM u* 

S*>lJiJl Uy&u ojl^-j 

o ojj * J is . 1 ^y^~ 
jl : J IS t Ulii 11 JJUi 

jjJr\ iJli :JlS : JLS 

Uils .juUJl ^ Jl j& N M 
^-Iaj oL^I t <JL*> ; ^5 j^*w*J 
U5 . ^Ju :JUs fciJLlS 

^LilJ 2>l£)l :£b (1) 



(1) (H.1894) Although all practices of worshipping are for Allah JU;, here Allah JU; 
singles out Saum (fasting), because Saum (fast) cannot be practised for the sake of 
showing off as nobody can know whether one is observing Saum (fast) or not, except 
Allah. Therefore, Saum (fasting) is a pure performance that cannot be blemished with 
hypocrisy. (Fath Al-Ban) 



30 - THE BOOK OF AS-SAUM j^all H tf r- 



81 



Prophet jjg said , "There is a gate in Paradise : J Li <, J *>L ^ j LjJLi LJlj- 

called Ar-Raiyan, and those who observe » B . ,s 

torn (fasts) will enter through it on the Day ^ Cff^>0^ a* fi >! 

of Resurrection and none except them will aIAJI ^ jl» : Jli j|| j^Ijl j^p JIp 

enter through it. It will be said, 'Where are ^ 'ij-jb ' iTjl * d JL^ 

those who used to observe Sawn (fast)?' ^ ^ - i0 • - 

They will get up , and none except them will J^-^j ^ t La) I ^ <, j jIj LSaJ I 

enter through it. After their entry the gate „ B | * JLaJ * " r jl>4 ' * 

will be closed and nobody will enter through ^ " p-^J^-* 4l ~? 

it." o J^-^ ^ ^ y ?o jXjLSJI 

[rrov : ^i] .«jL^f [jijb 

1897. Narrated Abu Hurairah ft I ^3 : j_> Ijjl llijl>- - \ A^V 

Allah's Messenger said, "Whoever gives # * . „ J Li JiLiJl 

two kinds (of things or property) in charity ' L ^ J ' ^" 

for Allah's Cause, will be called from the ^1 ^ t JjJU ^Jb- 

gates of Paradise and will be addressed , 'O \ 8 j££ " • - > 

slaves of Allah! Here is prosperity.' So, ^ ^ S^"^ '* ^ " 

whoever was amongst the people who used 4i\ J jJLj j! : <up &1 ^y^j 
to offer their Salat (prayers), will be called , . . ^% . / . - ^ 
from the gate of the Salat ; and whoever was ^ J ^ ^ 0** * J U ?jS 

amongst the people who used to participate xJ- L lofJl ^Ijlt ^ 5^ 

in Jihad, will be called from the gate of Jihad; ^ . T.r ^ ^ 

and whoever was amongst those who used to y ^ J t - r * 3 ' ^ 

observe fasts, will be called from the gate of y> j i S^OJl >L ^ S^CJl 
Ar-Raiyan ; whoever was amongst those who ^ . > iL^>J| Li I s ' 15 

used to give As-Sadaqa (charity), will be ^ • C?£* J-* it *-> 

called from the gate of As-Sadaqa ." Abu ^LjJl JjU ^ jlS* olfr^Jl 
Bakr & iiti said, "Let my parents be 
sacrificed for you , O Allah's Messenger ! No 



distress or need will befall him who will be . «AiJL^Jt ja aSjlSsJI ji 

called from those gates. Will there be any ^ • 'ibl - * " *\ J Lai 

one who will be called from all these gates?" ^ * ' ^ ^ 

The Prophet |g replied, "Yes, and I hope ^JLp U J L cJl 

you will be one of them." . . " e > 

^>\yH\ Jit ^ JL^-I J4^ 

[nii t rru t TAn : jiii] .«ji4^ 



30 - THE BOOK OF AS-SAUM uitf - T* 



82 



(5) CHAPTER. Should it be said j\ oLiij :<3uJ :£b (o) 

"Ramadan" or "the month of Ramadan?" <m \ J ^ i \ ** * 

And whoever thinks that both are ' ^ ^ J ' U J 

permissible. fL^> ^» <fr^ J^J 



And the Prophet ^ said, "Whoever 
observe Saum (fasts) in Ramadan." And 
also said, "Do not observe Saum before .«jLi»j 
Ramadan. 



1898. Narrated Abu Hurairah Jl£ fti : LL^- : UjJL>- - S A^A 
Allah's Messenger #| said, "When (the ^> | ? . ' * 'LpLL-I 
month of) Ramadan begins, the gates of 'J* - * <^ ^ 'j*^ O*. 
Paradise are opened." 4il ^^sf j <S^ 4 ^ 0* 

[rrvv t : ^i] 

1899. Narrated Abu Hurairah 2p a I ^j: ^ ^^^J - ^A^ 
Allah's Messenger said , "When the month „ ,1 > 

of Ramadan starts, the gates of the heaven V cr ^ . ^ %f? jr . 

are opened and the gates of Hell are closed ^1 ^1 <_$^>-t ^J^S oi' 

and the devils are chained." f * f . * ... 

I <uJL>- obi l)1 . ^^.j. SJ] ^yy* ' 

*• ^ >i , , ^ > , f - - >ft 

c p-L*-1JI ^l^Jl c*->«^i d)Li»j 
cJLJlJ- j c ^ : g ^ 1 1 c-JJLpj 

1900. Narrated Ibn £ Umar Up fti ^j: I jJZ ^ - 
heard Allah's Messenger ^ saying, "When " „ f , * 
you see the crescent (of the month of t J^" o* ^ ^ 
Ramadan) , start observing Saum (fast) and y t ^JU* <J?j^~\ t»~>l$*i 
when you see the crescent (of the month of 
Shawwal) , stop observing Saum ; and if the 



sky is overcast (and you can't see it) then 4i 1 J jLj cuiw : J U L*4Ip ill I 
regard the crescent (month) of Ramadan (as , > >r > ».f^ ,r ^ 
of 30 days)." ' ' b i ! « 

(1) (Ch.5) Do not observe fast one or two days before Ramadan immediately, fearing to 
miss the right beginning of the month. (See Hadith 1914). 



30 - THE BOOK OF AS-SAUM ^lytf-r* 83 



[WV 

(6) CHAPTER. Whoever observed fast in ULJ jUiij ^U? 4»L (1) 

Ramadan out of sincere faith (that it is an u, 1 

enjoined duty), and hoping for a reward • ' 
from Allah and with honest intention (i.e., 

only for Allah's sake) . . ill llsU cJIS 

And 'Aishah 1*1* fti narrated from the ST^ J ^ " J 

Prophet 3$|, "The people will be resurrected ^p-fc^i <JLp : ^ ^1 
(and judged) according to their intentions 

1901. Narrated Abu Hurairah <£ fti : p_LL« - \ ^ • ^ 

The Prophet said, "Whoever established , , lJjl>. U5jl>- " ' 

iS^/c^ (prayer) on the night of Qadr with t <-<^ * f - * pt£ 

sincere faith and hoping for a reward from ^fj ^ If ^^JU* ^ If 

Allah, then all his previous sins will be . ^ • * Jj) ' ^ iu| 

forgiven; and whoever observes Saum f ^ ^ Sr^ 

(fasts) in the month of Ramadan with L» <] ^ip LL-i^-lj ULwl jJ&l 5JL15 
sincere faith and hoping for a reward from 
Allah, then all his previous sins will be 



forgiven." ^ ^JL5J La <] ^ip LL~iAtj LLwJ 

[To i^ij] .IaJS 

(7) CHAPTER. The Prophet used to be $g ^1 I* Sjif . £b (V) 
most generous in the month of Ramadan. " ' . ^ . * 

1902. Narrated Ibn 'Abbas 4s\ ^ : llilji- - \ ^ * Y 

The Prophet was the most generous > > „„ - . 

amongst the people, and he used to be * ^ r^- t/=> * 

more so in the month of Ramadan when *ubl jIIp ^p t^l^i ^jl U^-l 

Jibril (Gabriel) visited him , and Jibril used to - - , ^ f > i . 

^»Lp V' • 4-^" V <U) I JLp 

meet him on every night of Ramadan till the f * ^ - ' 

end of the month . The Prophet s|| used to ^ I ^ : J IS U4IP 4) I j 

recite the Noble Qur'an to Jibril, and when . ^ ,f ^ r u , s t, • f 

Lo iaJ-l (1)15 « C yA^tJb ^LJl 

Jibril met him, he used to be more generous Jr * ' ' - > \ 

than the fair wind [sent by Allah with t JtJ~r oUIj L)Li«j ^ ^ J>H 
glad tidings (rain) in readiness and haste to 



30 - THE BOOK OF AS-SAUM y tf - f* 



84 



do charitable deeds.]. ji aUii ^Mlll aIIp Ji^r 

(8) CHAPTER. Whoever does not give up jj^JI p uL (A) 
lying speech (false statements (i.e., telling , ♦ 

lies) and acting on those while observing ^ * ^ 
Sou/n (fast). 

1903 . Narrated Abu Hurairah 2p ft i ^ j : ^ I ^ liili - > ^ • V 
The Prophet said , "Whoever does not give , f > • . i fi . 11 
up lying speech (false statements) and acting ^ ; ' ^ V *** 
on those lies and evil actions etc., Allah is ^1 ^ 101 ^ ^^-jUI JL*<S< 

not in need of his leaving his food and drink , - tl . > A ' 

r* aii-u -ii * * u- o ^ ^ twUP ^ °jd^* 

[i.e., Allah will not accept his Saum s£ s? - v v v 

(fasting)]". JUJIj ^<JI JJS gl; p ^» :^ 

[See Faf/i Al-Bari] >* y ~ X ' \\ . t* t * - .r r 

[l«ov : ^1] 

(9) CHAPTER. Should one say, "I am t^li Jj : ^ ( ^ 
observing 5aw/w (fast)" on being abused? * * ri 

1904. Narrated Abu Hurairah & fti ^.j : ^ jL^I^jI liil>- - ^ ^ • i 
Allah's Messenger £$g said, <£ Allah said, 'All ^> > > M * ' ' 
the deeds of Adam's sons (people) are for C if- f - * 
them, except Saum (fasting) which is for Me, t?lk£ t>Sr^ : <-^ {hJt if) a* 
and I will give the reward for it.' Observing ^ . . AjL^ \ '* ' 
Saum (fast) is a shield or protection (from the • C?~" ^ ' ^ y ^ ^ 
Hell-fire and from committing sins) . If one of J IS : J^i <Xp 4) 1 ^fj t'Jlj* 
you is observing Saum (fast) , he should avoid , . . a . > > A . - t , _ ^ A . > . 

L^p p ! 4il I (J U » I ^gs <U I (J **^< j 

sexual relation with his wife and quarrelling, . . 

and if somebody should fight or quarrel with Ulj «0U ^L^l ^Sl 

him, he should say, 'I am observing Saum - t . rj*. 'i * n 1 

(fast) .'By Him in Whose Hands my soul is, ° V ^ tii^ 1 

the smell coming out from the mouth of a N j ^li^j ^S"Jl?- I 
fasting person is better before Allah than the 
smell of musk. There are two pleasures for 



30 - THE BOOK OF AS-SAUM j^*M mB" r* 



85 



the person observing Saum, one at the time ^Ju ^jJl j . ^Li? j^il J,\ : jJLIi 

of Iftar (breaking his fast), and the other at > r ^ f/j 

the time when he will meet his Lord ; then he v "" * P"* ^ , 

will be pleased because of his Saum ^iJalJ . ilLl J I ^ <b 1 oIp 

(fasting)." - , r ? ; r. ' . f 

(10) CHAPTER. As-Saum (the fasting) (is ^^ai\ 4»L 
recommended) for those who fear " ^. > t( v m 
committing illegal sexual acts, i.e., those '~ " 
who are unmarried. 

1905. Narrated 'Alqama: While I was ^1 ^ cOIjup l^JL>- - \^^o 
walking with 'Abdullah &i : he said, " , ^ 8 . * ' Vl ' ; " * " 
"We were in the company of the Prophet 4 ^ ^ ^ \ 4 ^ ^ 4 °^ r * > " 
and he said, 'He who can afford to marry ^ ^ • <uilp ^ 
should marry, because it will help him to " ^ -J^ - j££ 
lower his gaze (from looking at forbidden * ST^- > - 
things and other women), and save his U\J\ ^Ikull ^» :JUi j|| 
private parts (from committing illegal sexual > „ . * *^ * * r f U * ^di 
acts etc .) , and he who cannot afford to marry o^ 2 ^ 3 ^ j^ 2 ^ % £Jtt* 
is advised to observe Saum (fasting), as Saum ^j-SJ^ ffi^i ^ j 

(fasting) will restrain his sexual power." ' ' , „ ( . >? > 5 ,. 

v 6/ ^ [o.ii t o.io : ^l] . «£U-j J <GU 

(11) CHAPTER. The statement of the ^1 J}S 4»L (U) 
Prophet £g ; "Start observing Saum (fasts) > >>,|. ( r ( , > r j^tj >. |- 
on seeing the crescent-moon of Ramadan, 6 ^ :i J 4 f?*^ ^ J 
and stop observing Saum on seeing the : jUp aJL^ Jiij t«lj^Liti 
crescent-moon (of Shawwal) . ' UJ| Ul ' JjLJSJI L> 

And 'Ammar said, "Whoever observes * lT^* f 

Saum (fasting) on a doubtful day (1) is 3|§ 
disobeying Abul-Qasim (i.e., the Prophet 

si)." 

1906. Narrated * Abdullah bin 'Umar ^ ^ &\ - 

Allah's Messenger M mentioned B , . .. « - c-T«- 
Ramadan and said , "Do not observe fasting ^ y ^ * " ^ 
unless you see the crescent-moon (of : iil j J*s* ^ 4il ale- 
Ramadan), and do not give up fasting till -,,„r - , - ~" ^pr ^ /. > , *\ 



(1) (Ch.ll) The doubtful day is the day that is not certainly the first of Ramadan, but 
perhaps the last of Sha'ban, the preceding month. 



30 - THE BOOK OF AS-SAUM f^ai\ wtf - r- 



86 



you see the crescent-moon of (Shawwal) , but ^ j t J t I jj ^J>- I y » 

if the sky is overcast and you can't see the . >»T- * t : ,. tf , > t 

moon , then act on estimation (1 .e . , count \ ~ \ * ^ ^ ^ ^ 

Sha'ban as 30 days and Ramadan also as 30 [ \\ ♦ • : . « aJ t jjJ& l» 
days)." 

1907. Narrated 'Abdullah bin 'Umar ^ ^ jbl jup tl£U - ^'V 
14^1 : Allah's Messenger^ said, "The ^ ^ ^ ^ 
month (can be) 29 nights (i .e . , days) , and do ' ^ 

not fast till you see the crescent-moon , and if <>f j y** J 3 . ^ ' ^ 5* fc j^i.^ Cj 3 * 

the sky is overcast, then complete Sha'ban as ^ I . > ^ * f , >^ > A . 

thirty days." lJU * Jl : «» 

*Ai aJLL! Oj^JLjpj £_~J ^ || - - H» 

1908. Narrated Ibn 'Umar 14* &i ^3 : : xJjJl llJJUi- - \ ^ • A 
The Prophet 3|| said , "The month is like this „ > . . l51>. 
and this," (at the same time he showed the & . • fc 

fingers of both his hands thrice) and left out 4t I {J^f j If \ : J 15 

one thumb on the third time. ^ ^ ^ ^ . ^ ^ 



1909. Narrated Abu Hurairah &i ^ : Lj*JI>- : p LiJL>- - \ ^ • ^ 
The Prophet ^ , or said Abul-Qasim 2g said , 
"Start observing Saum (fasts) on seeing the 

crescent-moon (of Ramadan), and give up <up &1 i>*?3 M 

observingSawm (fast) on seeing the crescent- ^ If'_ , fj, J u .J i- 

moon (of Shawwal) , and if the sky is overcast - J ^ ~l 

(and you cannot see it) , complete thirty days ^j'j, I y> )] y} 

ofSha'ban." *>»r- • -t>T . >t ?f 

1910. Narrated Umm Salama & 1 ^5 : j^p t p-^^ p ™ 

The Prophet £g| vowed to keep aloof from his " ± * ^ > ^ 

wives for a period of one month, and after " Sr* (-^^ ^ ^^J^ tlH 

the completion of 29 days he went either in cj^o^-^Jt jlp ^ <i ^ ^^^w? 
the morning or in the afternoon to his wives . 
Someone said to him "You vowed that you 



30 - THE BOOK OF AS-SAUM cjtf - f. 



87 



would not go to your wives for one month." ilia <* \ ajLJ y> J\ ^jjl 

He replied, "The month is of 29 days." .? - r * c > • " ^ 

1911. Narrated Anas ^ &t ^j: Allah's jjjjJl JLp - WW 

Messenger jjjg vowed to keep aloof from his , ' % \ . , . , 

wives for one month, and he had dislocation * - ^ - ' 

of his leg . So , he stayed in a Mashruba for 29 <ul ^1 ^ 0* 

nights and then came down . Some people . . . * , >. > , .7 , . 

said, "O Allah's Messenger! You vowed to - - ^ 

stay aloof for one month ," He replied , "The ^ ^ISli JJsjLI c-J^j 

month is of 29 days." , \ r" - r : *r.f „ • r * 

[See H. 378] ^ f - ^r* J ^ 

c «» a > ^ i S 

[rvA i^ij] 

(12) CHAPTER. The two months of <Eid do V Jup 1^ xZtL O Y) 
not decrease. 



Narrated Abu Abdullah , "Ishaq said that : J Uwl J Li : ^ I jIp I J li 
if Ramadan is of 29 days, even then it is a,, 
complete (in its superiority); Muhammad 

said , "It will not happen that there will be any UL& <. L«.^L4J ^ : JU-^J 
decrease in their number and superiority y . , . 

1912 . Narrated Abu Bakra & &i ^ j : The lijb- ; 1 lli l&L^ - H\Y 
Prophet said, "The two months of l Eid - . * , . . * : ,> 

(i.e., Ramadan and Dhul-Hijjah) , do not J - * J 

decrease (in superiority) ."^ ^1 j^>-jJ^ Jl£ js* i>bjZ> 



(1) (H.1912) There are many interpretations of this Hadtih, but the most common one is 
this : The good deeds done in these two months are rewarded fully whether these 
months are of 29 or 30 days . There is no harm if Muslims unknowingly start observing 
Sawn (fast) on a wrong day, or stay at 'Arafat during Hajj on a day other than the 
prescribed one, on condition that the crescent should be watched carefully. For 
example, if two persons witness that they have seen the crescent and the people observe 
Sawn (fasts) or stay at 'Arafat accordingly, and later the two witnesses turn to be liars, 
the acts of worshipping performed by the Muslims will not be rejected by Allah. {Path- 
Al-Bari). 



30 - THE BOOK OF AS-SAUM f^d\ wtf - r- 88 



c M & jsji "A 

jl^jn ^Jl ^ & Jil 

.•54UJI 

(13) CHAPTER. The Statement of the ^» :|g ^1)1 4*L OV) 
Prophet £g : "We neither write nor know " m > . : M > >y. 
accounts. * " 

1913. Narrated Ibn 'Umar u# &i : LSjU : fSl liijU- - \S ST 

The Prophet said, "We are an illiterate . * > , . i u . 

nation; we neither write, nor know accounts. *-T^ ^ ^ 

The month is like this and this, i.e., jjI «ol : j yJ> Jl ?*-~' W^>- 

sometimes of 29 days and sometimes of 30 „ . - — > 

days „ ^^^^^^^ 

^ ^ N lit U1» :J15 2f 

(14) CHAPTER. Not to observe Saum (fast) b&>j ^ .* 



for a day or two ahead of Ramadan. 



1914 . Narrated Abu Hurairah £p tti ^ : (I-LlJ ll* JL>- - ^ M 



The Prophet $g said, "None of you should . , * *Lu L5jb- • ' |"| 

observe Saum (fast) for a day or two ahead of imS ^ >H \ * f ' ' ' P^f 

Ramadan unless he has the habit of observing tiii^ ^1 ^ 4 j£S ^\ jj 

Saum (Nawafil) (and if his fasting coincides _ . ^ . * f 

with that day) then he can observe 5a«m ^ y ^ - ^ ^ 

(fast) on that day." l^&k N» :Jli 2! 

(15) CHAPTER. The Statement of Allah &\ J^S 4*L (^o) 
j : "It is made lawful for you to have sexual 



30 - THE BOOK OF AS-SAUM f^all yUT r* | 89 



relations with your wives on the night of the 
As-Saum (the fasts). They are Libds [i.e., 
body cover or screen or Sakan (i.e., 
'you enjoy the pleasure of living with her ' — 
as in the Verse 7 :189) — Tafsir Af-Tabari] , 
for you, and you are the same for them. 
Allah knows that you used to deceive 
yourselves, so He turned to you (accepted 
your repentance) and forgave you. So, now 
have sexual relations with them and seek 
that which Allah has ordained for you 
(offspring)..." (V .2:187) 

1915 . Narrated Al-Bara' fti : It was 
the custom among the companions of 
Muhammad 3g that if any of them was 
observing As-Saum (fast) and the food was 
presented [for Iftar — breaking his Saum 
(fast)], but he slept before eating, he would 
not eat that night and the following day till 
sunset . 

Qais bin §irma Al-Ansari was observing 
Saum (fast) and came to his wife at the time 
of Iftar and asked her whether she had 
anything to eat. She replied, "No, but I 
would go and bring something for you." He 
used to do hard work during the day, so he 
was overwhelmed by sleep and slept . When 
his wife came and saw him, she said, 
"Disappointment for you." When it was 
midday on the following day, he fainted and 
the Prophet g| was informed about the whole 
matter; upon which the following Verses 
were revealed : "It is made lawful for you to 
have sexual relations with your wives on the 
night of As-Saum (the fasts) . . ." 

So they were rejoiced greatly by it. And 
then Allah also revealed : 

"...And eat and drink until the white 
thread (light) of dawn appears to you distinct 
from the black thread (darkness of night) . . ." 
(V.2:187) 




[UV :SyLJl] 



<Cp ill ^jr^ L 3^-^! 

jUaiNl U5\J» j£*Jl h\< 

Ills UwU? jl5 jjjLkj^M hij^p 
^jj t N : Jjli ?fUJ, iSIIp! 

JwlAj <u^j j 15 j . JJJ . — li ti jiL^ ! 

^lu dm ^ii ^Lp ^ji 

%j j*J)> ?1* — >i 

est u*?H\ XlZji >$o IjJL^l? 

.hAV :s>~M] 

[to. a 



30 - THE BOOK OF AS-SAUM ?pal\ ytf r- | 90 




(16) CHAPTER. The Statement of Allah \jt& : JU; <bl J J ljL (n) 

"...And eat and drink until the white °* - u ^ * f 

thread (light) of dawn appears to you distinct fCifi i£>1 ^£Lif ^4 jjl&l 4*3^ 
from the black thread (darkness of night), - - n ^ c <ft 1 

then complete your Saum (fast) till the 6 ^ *^ ^ 

nightfall..." (V .2:187) ^III ^ JljJl <J> 

Narrated Al-Bara' Lis %\ The 
Prophet said as above . 

1916 . Narrated 'AdT bin Hatim il£ &i ^j>j : j_> ^LAj^ L*Jl->- 
When the following Verses were revealed : * ' *• f • J u 
"Until the white thread appears to you S/*^" 
distinct from the black thread, I took two jJ- t j_l^^Jl 
(hair) strings, one black and the other white, ' \ * jj> * I 
and kept them under my pillow and went on £"* ; 
looking at them throughout the night but :cJy ill :JLS aIp <ul 
could not make anything out of it. So, the / , m \\* v.,?* , s^v 
next morning I went to Allah s Messenger 3g ' y - ^ 
and told him the whole story. He explained J Up ^Ij S^il J Up ^Jl oJui 
to me, "That Verse means the darkness of -'\^* " ' I ^ lr\i<L i 

night and the whiteness of dawn." 4 ^ - ^""^ L *-fr~ u ^> 5 o^H 

ilJS :Jia ilJi JJ o^Ii 

J^LJj jii Sip 

1917. Narrated Sahl bin Sa'd: When the J\ ^ - \^ W 
following Verses were revealed :".. .Eat and | , ( „ 
drink until the white thread appears to you , ^ ^ ; f - & ' ' 
distinct from the black thread..." and 'of <J?-^J £ ^ 0* 
dav/n' was not revealed , some people who - ** ^ [J . - - | > 
intended to observe Sawm (fast), tied black ^ ^ * * f*-^ <>! 
and white threads to their legs and went on JA : J IS ci^iai ^> 
eating till they differentiated between the # „ " 

two. Allah then revealed the words, 'of ^ ^ , 

dawn', and it became clear that, that meant >J3 o*2iu ^ ^ cJ^I 

nightandday - ^ ^ ^vi j^st 



30 - THE BOOK OF AS-SAUM j>^a)l wifctf - r* 



91 



opVl JXftl J^JI 

•L^Jj <J OsA J*^ ^j* 



(17) CHAPTER. The statement of the ^» J)S uL (W) 

Prophet jg: Tne of Bilal should not 

stop you from taking Sahur (late-night 



1918, 1919. Narrated 'Aishah \fr ^ : ^ jl^ Liii - > m t HU 

Bilal used to pronounce the Adhdn at night, ^ „ "'L*f I ' LpLwI 

so Allah's Messenger #g said, "Carry on l/" tiU ^ 4 

taking your meals (eat and drink) till Ibn <.'jJ>J> j->\ jJ- t^JU <.4h\ 

UmmMaktumpronouncesthe^4^an,forhe - - ' jJijS 1 UJl 

does not pronounce it till it is dawn." ' ^ 4 * ^ 

jis N 

[iw i^ij] . IS Jj^j IS j£ 

(18) CHAPTER. Taking the Sahur (late j^LUl Ju^i ub OA) 
night meals taken before dawn) hurriedly 
(shortly before dawn) 

1920. Narrated Sahl bin Sa'd il£ ibi ^5 : 1 jlIp ^ jJUJ> UjI^ - • 

used to take my Sa/iwr (late night meals taken . ^ £ > ■ -JJ 1 jup bijb- i I 

before dawn) meals with my family and then *f - ^ ^ 

hurry up for presenting myself for the Fajr ^> j& t**' 0* 
prayer with Allah's Messenger |jg . 



(1) (Ch.18) They used to take the meal of Sahur (late night meals taken before dawn) so 
late at night that they hurried in eating so that they might offer the Fajr prayer with 
Allah's Messenger m . 



30 - THE BOOK OF AS-SAUM fj*It wtf - r- 



92 



(19) CHAPTER. What is the interval j^Lllt ^ jJi i^ib 0*) 
between the (end of) Sa/*«r and the Saldt-ul- ^ SSU? 
Fajr (early morning prayer)? - 

1921. Narrated Anas ^ &i ^5 : Zaid Ws j-j ^JlU liiL>- - > > 

Thabit £p &i ^ said, "We took the Sahut ; # t ;* . . r . 

(late night meals) with the Prophet ^ . Then \ ry- 

he stood for As-Salat (the prayer)." I asked, <>*fj J* J* 

"What was the interval between the Sahur ^ tf ^/ ... « ^ . "... h . 

and the AdhanT He replied, "The interval ^ ^ ' J ^ ^ 

was sufficient to recite fifty Verses of the jl5 ^5 : cJi <.3!>L2aJl ^15 p 

Qur'an." „ > s tl . ,r^ tl ^ ^ 

jJL9 . Jb V . jj^-*Jl j JO j|l 

(20) CHAPTER. The Safiwr (late night jS ja j^JJI 4*M ^ '*) 
meals) is a blessing but it is not compulsory. 



For the Prophet #| and his companions l^U?1j ^| ^Ijl j\f 

kept observing fasting continuously for more > % ^ ^ ^ 

than one day and (of course) no Sahur (late * JJ^^ - f->J 

night meals) was taken (during that 
prolonged fast) . 



1922. Narrated 'Abdullah & &i ^y. The Hsli. - ^YY 

Prophet M observed fasting for days . . e . . :« . 

continuously; the people also did the same C. ^ --r-^* 
but it was difficult for them . So , the Prophet j! :<up Jfrl 4^ 

^ forbade them (to observe fast \°Yc, * * r ' £]| 'L^|' r 
continuously for more than one day) . They °" y J - J 

said, "But you observe fast without break (no :JL5 tj^ly JlJl : IjJli . 
food was taken in the evening or in the >- t °? .rf .i,.^ > 

morning) ."j The Prophet ^ replied, "I am v ^ \ " " w ^ 

not like you , for I am provided with food and \.\W\ : \ ] . « I j 

drink (by Allah)." 



1923. Narrated Anas bin Malik ^^1^3: ^1 ^ ^Sl llilU- - ^YV 



Th e Prophet said , Take S«/iMr (late night ^ « . . , - \ , * - , 

meals) as there is a blessing in it. * * H " 



30 - THE BOOK OF AS-SAUM wtf - r- 



93 



(21) CHAPTER. If the intention of observing \l[ <LL (Y\) 

Saum (fast) was made in the daytime... >f i . . tl if . . 

Umm Ad-Darda' said: Abu Ad-Darda' r ' ' J \ J 

used to ask, "Do you have food?" If we jli ?^UI? p-^* : Jj^i *bjJiSl 

answered in the negative, he would say, **[^ 'U -J15 N * UU 

"Then I am observing Saum (fasting) today." ^ 

Abu Talha, Abu Hurairah, Ibn 'Abbas and t'Jtj* y) j J>) 4-^*5 j • lJL» 

Hudhaifa Jfe &i did the same. e *°. >. . . . > , , 

1924. Narrated Salama bin Al-Akwa' ^ <, ^ U- jit - ^Y i 

aIp &i : Once the Prophet j|| ordered a person « - f 

on the day of Ashura (the tenth of ^ tl^ ta 

Muharram) to announce, "Whoever has j|§ ^Jl jl \ks* %\ ^f j 

eaten, should not eat any more, but * , . . > * > . 

observe &*wm ffasf). and who has not eaten \ y - - ' ~ 



observe S^wm (fast) , and who has not eaten 

should not eat, but complete his Saum (fast) j\ jil jl» : t\jjJ>[& 
(till the end of the day) (( ^[ ^ ^ ^ ^ ^ ^ 

[VYlo t Y • *V : ^1] 

(22) CHAPTER. If a person observing Saum Ui- feju ^Uali kZ»L (YY) 
(fast) gets up in the morning in the state of 
Janaba [will his Saum (fast) be valid?] 

1925, 1926. Narrated 'Aishah and Umm 41 jlp - HY% t HYo 

Salama U-J^ <*>t At times, Allah's . <m > 

Messenger used to get up in the morning ^ <r * cr ^ 

in the state of Janaba after having sexual ^ cr^S" ^ vl^ ^ l^J^ 

relations with his wives . He would then take a ^ " fc | 

bath and observe &*i/m (fast) . Marwan said * ? J1 ^ > ^ [ ' ^ ^ - 

to Abdur Rahman, "I swear by Allah that : J15 j^>-yi ^ JZ> U 

you tell Abu Hurairah that [the Prophet ^ ' , . . f - ^ ' f ,.f 

used to be Junub (in state of Janaba) till the ^ - , > 

dawn, would then take a bath and observe ^ . <lLu ^1 j 
Saum (fast)] ." 



30 - THE BOOK Of AS-SAUM f^dll wtf - r- 



94 



ilslp Jy ^ii til] o^Sil 
jjaail l5^^ 
^jIj jllli Jlij . jtlpl ^ij ^\!p 

J IS '.Ojjj* J£< y>£> 4)1 JUP 

t nr* i^l t HTo :^uj*J|] . jilt 

[nn : :^j*Jl] *[Hn 

(23) CHAPTER. To embrace while one is tfSl*l) S^lJJl 4^ (Yr) 

observing Sau/n (fast) . >/, , . 

'Aishah 14_U 4b i said: "A person ^ ^ v " ^ ^ 

observing Sawm (fast) is forbidden to have . Lgiy aIIp j»>>4 
sexual intercourse." 



1927. Narrated 'Aishah fti The ^ OLjl^ ~ 
Prophet ^ used to kiss and embrace (his 
wives) while he was observing Saum (fast) , 

and he had more power to control his desires a£j Lp ^p t ^ I j& t 

than any of you. ^ ^ ^ ^ % I 

Jabir bin Zaid said, "If a man gets a ^^^-^^^^ ^-fJ 



30 - THE BOOK OF AS-SAUM 



95 



sexual discharge as a result of casting a look 
(at his wife) should complete his Saum 
(fast)." 



(24) CHAPTER. What is said regarding 
kissing by a fasting person . 

1928 . Narrated Hisham's father : ' Aishah 
fti said, "Allah's Messenger used 
to kiss some of his wives while he was 
observing Saum (fast) ," and then she smiled . 



1929 . Narrated Zainab , daughter of Umm 
Salama that her mother said: While I was 
(lying) with Allah's Messenger 3g underneath 
a woollen sheet , I got the menstruation , and 
then slipped away and put on the clothes 
(which I used to wear) in menses . He asked , 
"What is the matter? Did you get your 
menses?" I replied in the affirmative and 
then entered underneath that woollen sheet . 
I and Allah's Messenger sgg used to take a 
bath from one waterpot and he used to kiss 
me while he was observing Saum (fast) . 



^1— JLi :<JUj 

^ujj sdii 4»M (to 

^ tbU- ^ t^l :J15 

UjU l&i- - 

^ ±* a?} Cf. f 1 ^* 



LjJ^» :cJ15 U-^lc- ^-f>j 

SI jjjLiJl ^ #t <il ^ ut 



30 - THE BOOK OF AS-SAUM fj-atl wfctf r- | 96 



>j> Lg-Q. olSj j^Ij ? Ul ^ 

(25) CHAPTER. Taking a bath by a person c^UJl JL~£l JjL (Yo) 

observing Saum (fast) . Uilp " ' " " "* * I 5 |J 

Ibn 'Umar Ujl^ ^ ^3 soaked a garment ° ^ 

in water and then put it over himself while he J^o j .^[^?y*j £Ss> 15 
was observing Sawn (fasting). Ash-Sha'bl **\^ '* "lX>J! 5 -jJL] 

entered a bathroom while he was observing ^ ' (*"* Z**^ ^ { ^f^^ 
Sawn . Ibn 'Abbas said, "There is no harm in '<+*&k J^^? ^ . 

tasting the food of the pots or other meals. -t-vt * - - 1 . 'n- * 5 1, 
Al-Has^i said, 'There is no harm for the ^ ' u ^ - 

person observing Sawn (fast) to rinse his J 15 j . LMJ a^iJ I j OtwUJ t> 
mouth with water and to cool his body." Ibn * 9 ' \$ \* \ * 8 " * 

Mas'ud said, "At the night of your fasting \ " ^ ^ * ° ^ 

day , you had better oil and comb your hair." : J^J I J 15 j t ^Jrj^* I^aS £r^4^ 
Anas said, "I had a tub in which I used to sit * f . > * t * 

while observing 5awm (fast) ." It is mentioned r <jr 
that the Prophet 3g cleaned his teeth with a y> j iili^l ill ^§ ^1 
S/wa/t while observing (fast), and Ibn vf ?u > V 'm-' * 1 - 

Umar used to clean his teeth with Siwak in J ~ J ^ ^ r 

the early and the late hours of the day oj *^Uap Jl5j . o^>-1j 

without swallowing the resultant saliva [while , ■ \ -\ v 

observing torn (fast)]. 'Ata' said, "The ^ J J ' ^ 

swallowing of saliva does not break the . t^Jp^Jl iilj-^Jb J^fc ^ : ly_j^ 
Sawn (fast)." Ibn Sinn said, "There is no * >, >, - 

harm in cleaning the teeth with a green fresh r J x ' 

Siwak r He was told that it had taste . Ibn ( j~J I ^ij . aj ^,^0 t ,<i*5 c-J \j 
Sinn replied, "Water also has taste; yet you u^JL. '** \"\ *'^\ \ 

people rinse your mouth with it." Anas, Al- r* cr 00 . / 
Hasan and Ibrahim did not see any harm in . L* L 

smearing one's eyes with kohl while observing 
Sawn (fast). 

1930. Narrated 'Aishah iui (At 
times) in Ramadan the Prophet used to be 
in a state of Janaba not because of a wet 
dream, then he would take a bath and 
continue his Sawn (fast) . 




30 - THE BOOK OF AS-SAUM wtf - r* 



97 



J^uikJ ^L>- jS* (j* jLi* j ^ L>- 

1931. Narrated Abu Bakr bin 'Abdur- :JU J^t—i l£U - 

Rahman: My father and I went to 'Aishah j ... ^ > * * j.. ^ 

li^3i>i^5 and she said, "I testify that Allah's ^ ^ ^ ^ 

Messenger ^ at times used to get up in the ^ ^jjUJI ^ j-^jJl Jup j^l 

morning in a state of Janaba from sexual { ^ - . . > tl \ , 

intercourse, not from a wet dream and then < ; * y S^' \ - 

he would observe Saum (fast) that day." ^Ij Ul : j^^Jl JlIp ^ 



Lit jlS" jl §| 43b 1 Jj-ij 

[Wo 

1932. Then he went to Umm Salama and iiJL^ ^\ LUo ^ - \ WY 

she also narrated a similar thing . r -, : 1 1 * V e t . 

5 i^ij .dlL Jio cJUs 

(26) CHAPTER . If a person observing Sawn 4^)1 ffi ill pJlill ^iL (Yl) 

(fast) ate or drank forgetfully (should he * ^ 
observe Sawm another day in lieu of that 

day)? Jij£ jl :Slkp tJUj 

'Ata' said , "There is no harm if water goes • * \ k\ -\ ' * >i i. 

Lj jl <*j w-Li 2 <ui^ ^ *uJI 
in the throat and one is unable to bring it out , ' ' ; , ' " - 

while putting it in the nose and then blowing JjtS jl :^l>Jl Jlij tdJLUJ 

Al-Hasan said , "If a fly enters one's throat ^ — ^? * * 

(while one is observing Saum), there is no *>U Lw-U ^>U- jl : ji&U^j 

harm in it." Al-Hasan and Mujahid said, "If " ^ 
one has sexual intercourse forgetfully (with 
one's wife) then no penalty will be imposed 
on him." 

1933 . Narrated Abu Hurairah <J> ill ^ : U j^- 1 : j 1 Jup UJjb* - ^ ^YT 
The Prophet #| said, "If somebody eats or ^j^. • ' "* * \ ju 
drinks forgetfully then he should complete * C ' * C: JJ ^ 

his 5flwm (fast), for what he has eaten or I ''If-jr? o 3 ^ 

drank, has been given to him by Allah r , • , , '» i - ^ - tf i . - >° - 



30 - THE BOOK OF AS-SAUM ytf - T- | 98 



UJ e L» 

[I'm : >l] ft I iiiJit 

(27) CHAPTER. Dry or green Siwdk for the ^Ulj uJ^I 4^ (YV > 

person observing Saum (fast). ' ' ^LSaJD 

Narrated 'Amir bin Rabi'a: I saw the :JIS ZLjj ^ j*\s* ^ jS^jj 

Prophet cleaning his teeth with Siwdk y +*\* ' i\\ *' * *\\ * *%' 

while he was observing Sawn (fast) so many v ' ; J ' 

times as I can not count. . JLpI j\ ^^>-\ 

Narrated Abu Hurairah : The Prophet $g , ^ # «.j „ > >| -j 

said, "But for my fear that it would be hard *^ ^ ^ J 

for my followers, I would have ordered them ^4^V ^li- J-M o\ 

to clean their teeth with Siwdk on every . •> * > ti.^t. 

performance of ablution." The same is lt - - j 

narrated by Jabir and Zaid bin Khalid from jJL>- Jbjj ^jL>- ^ fi >^ 

the Prophet £fe who did not differentiate ^ * ' ' 1] $B *Ji\ 

between a fasting and a non-fasting person in °^ > ^ J " J 

this respect (using Siwdk). :$H ^-lll 5JLjIp cJlij -5^p 

'Aishah said, "The Prophet said, Tt +. - « . , , ^ . ^ 

(i .e . ., Siwdk) is a purification for the mouth ^ \ ^ 

and it is a way of seeking Allah's Pleasures." laSlij £Uap Jlij ■ (( 4^j^ 

Ata' and Qatada said, "There is no harm in >- m 

swallowing the resultant saliva." - 

1934. Narrated Humran: I saw 'Uthman IT^I : jIjlp IiJjl>- - \ Wt 

aIp j performing ablution ; he washed his * ' ' U ' " f 4)1 JLp 

hands thrice rinsed his mouth and then * - r *^ ' 

washed his nose , by putting water in it and ^ <■ Jb y m ^ * LLp J^p t ^ J* jJ I 

then blowing it out, and washed his face H . . J ' ^ , ' •> > - 

thrice, and then washed his right forearm up > . 

to the elbow thrice , and then the leftforearm p t ^jJb lij- 

up to the elbow thrice , then smeared his head * - -^i I 

with water, washed his right foot thrice , and 4 J~~" J t y^^ 

then his left foot thrice and said, "I saw ^J*^\ aJu J^*p ^ t 

Allah's Messenger ^ performing ablution . '\ZS 5 * " r %Jl 

similar to my present ablution, and then he a - v*~^ * 

said, 'Whoever performs ablution like my ^t^ji p t ji^JI 

present ablution and then offers two Rak'd in 5 1 ^ 'r^J, * * 

which he does not think of worldly things , all c5*^r • J J^" 

his previous sins will be forgiven.' " J j-ij cJl^ I ti p t ^JJLJl 



30 - THE BOOK OF AS-SAUM f^al\ wbf - X- 



99 



(28) CHAPTER. The statement of the ty» ijgg ^1 J}* 4»L (YA) 
Prophet "Whoever performs ablution M , . t( . 

should put water in his nose and then blow it r ^ ^ ; ^ - ^ 

out." The Prophet #| did not differentiate ^fjt^J ^L^' ^ 5^ 

between the fasting and non-fasting person 
(in this respect) . ? 

Al-Hasan said, "There is no harm for a ijjdJlj N : JUj 
person observing Saum (fast) (in this m \ * tl * fl . • 
respect). J] fM 

Al-Hasan said, "There is no harm for jl :£Qap JUj . j 

person observing Saum (fast) to use snuff if it >i > . ^ UJ| ' *J * U r ' ? ! 
does not reach the throat, or to smear his ° J ^ i * Cf? 5$ JV 5 
eyes with kohl ^ ^ 13 Uj t-ujj i j3jJ jl 

'Ata' said, "If a person observing Saum ... tl > - v , 

(fast), after rinsing his mouth with water, - * ^ ' C 

throws it out, then; there is no harm, unless j£J j ^! ^ J* J 

he swallows his saliva and what is left in his "uS-ji '*"-*| ^ ^ 

mouth And he should not chew gum , for if ^~ ^'^ c ^ t - s ^ i 

he swallows his saliva, I do not say that it will • ^UJ p-i ^ N ill>- 

break his Sawm (fast), but it is prohibited, 
and if, during the putting of water in the nose 
and then blowing it out, some water enters 
the throat and he is unable to bring it back, 
there is no harm in that." 

(29) CHAPTER. Whoever has a sexual ^Uij J £U 131 :ujLj (Y*) 
intercourse with his wife in Ramadan, 

(intentionally, he has to pay expiation) . 

Narrated Abu Hurairah on the authority : 4Jo^ ~*]{J* ^1 If- *J>>£j 

of the Prophet ^ , "Whoever did not observe r e \^*' -rj- 1 

&*wm (fast) for one day of Ramadan without * " ^ ^ -> Lr? t 2 * 

genuine excuse or a disease, then even if he q\j yLjdl p ^ J 

observed Saum (fast) for a complete year, it * „ 

would not compensate for that day. The ^ ^ 

same is narrated by Ibn Mas'ud . J L ' c ™^ ' Cft 



Sa'id bin Al-Musaiyab, Ash-Sha*bi, Ibn 



(1) (Ch.28) The question here means : after emptying the mouth of water there is nothing 
left in it, so there is no harm if one swallows his saliva. 



30 - THE BOOK OF AS-SAUM j^all wfcf - r- 



100 



Jubair, Ibrahim, Qatada and Hammad said, . ill^i :^lL>-j 

"He should observe Saum (fast) one day in 
lieu of that missed day." 

1935. Narrated 'Aishah 2>i jj>y. A : j£> 4)1 JLp IJJL>- - WYo 
man came to the Prophet ^ and said that he / . , ^ *\ ' ' s ' ' 

had been burnt (ruined). The Prophet m '' ° ^ ^ ^ 

asked him what is the matter. He replied, "I jp »3r^ p-?^' drt t>^V^ ^ ^ 
had sexual intercourse with my wife in ' ';)! tf " > 

Ramadan [while I was observing Saum f ^ ^r**^ Cri „ 

(fast)." Then a basket full of dates was ^ 4)1 Jup ^ ^Lp ^p 4 
brought to the Prophet 3jg and he asked, ^ . ^ „ >f? 9 . f ^(t. 

"Where is the burnt (ruined) man?" He ^ J ^ ^ ' ^ 

replied , "I am present ." The Prophet ^ told ^jj i ^ I *>U-j jl : J ^ L^p «I) i 
him to give that basket full of dates in charity ' . . „ , , . r ...^ 

(as expiation) . ^ 

. MJLJ-; (iJUk;» :Jli tUI :Jli 

[*\att : ^1] 

(30) CHAPTER. If somebody had a sexual jU^j ^ £1*. ISI :JjL (Y*) 

intercourse with his wife in Ramadan and • j^iii * • * M 
has got nothing, then if he is given " c? l --^ 4 ^Jr - 
something in charity, he should give the j^J^ 
expiation of that sinful act . 



1936. Narrated Abu Hurairah i-p fti : :jUJi r "i Ljjl>- - nrn 
While we were sitting with the Prophet ^ a * - * ^ 

man name and said . "O Allah's MssRenapH T 



man came and said, "O Allah's Messenger! I 
have been ruined." Allah's Messenger gjg <L)T J^>-^ tlrt' e*0r^ 
asked what was the matter with him. He 
replied, "I had sexual intercourse with my 



UjwJ : J 15 aip ib I o^yfe Lj I 



wife while I was observing Saum (fast)." Ul>- il <§| ( * p Jj1 jlIp ^ jL>- j>^> 

Allah's Messenger ^ asked him, "Can you 4j1 J ' ' L * JU5 ^1^-' 

afford to manumit a slave?" He replied in the ' C ' ^ J - " °^" J 

negative. Allah's Messenger ^ asked him, ^^Ip c^i j : JL5 «?JJL3 U» : JLi 

"Can you observe Saum (fast) for two \ - n- r ^ , . , f f.. f 

successive months? He replied in the ' \ 

negative. The Prophet ^ asked him, "Can : JL5 «?l$ix*; jl>J Ji» 
you afford to feed sixty poor persons?" He 



30 - THE BOOK OF AS-SAUM f^flll H tf " r * [ 101 

replied in the negative . The Prophet kept ^ jl ^jail; J4S M ^ J ^ . ^ 

silent and while we were in that state, a big ' tr vr "... ~ , 

basket full of dates was brought to the Sr- 

Prophet jg. He asked, "Where is the «?Lj&1* ^JL* ^LJJl Jb>J 

questioner?" He replied, "I (am here)." # ^ ^ . / . ^ 

The Prophet #| said (to him), "Take this y $ 

(basket of dates) and give it in charity." The ^ *Jl\ J\ ilk JJ> 

man said, "Should I give it to a person poorer _ 't^n . ' "J^H - * B - UJ 

than I? By Allah ; there is no family between ' ^j** J - ^J*i 

its (i.e., Al-Madina's) two mountains who tUI :JUi «?j5LUl :Jli 

are poorer t han 1." The Prophet #f smiled till - n .r „ * K . "... 

his premolar teeth became visible and then ^ 

said, "Feed your family with it." ?43bl J^-j L> ^ ywl : JV^' 

■u£ <>* ^ J*' " 
c^ut it ^ iujas 

tint t vav t ornA t rv * t nrv 

(31) CHAPTER. Can a person who has had oUkij ^ ^oUmJI t^>L (Y^ ) 

sexual intercourse (with his wife) in > ( r ( ^ ^ 

Ramadan feed his family from things given T J J ^ r-~ ^ 
as expiation of his sin if they are needy? 

1937. Narrated Abu Hurairah & &t ^ jUiP 1^0^- - \ ^VV 

A man came to the Prophet ^ and said , "1 , > > , * - '« 
had sexual intercourse with my wife in y ^ ' " 

Ramadan [while observing Saum j\ ^ if 't^Ap' 

(fasting)]." The Prophet m asked him, ' . h / \ >' 

*Can you afford to manumit a slave?" He ' ( ^ < f rJ ^ ^ ^ 

replied in the negative . The Prophet £i asked >>-Nl o\ :JliS «|§ J^j 
him, "Can you observe Saum (fast) for two . _t^, 

successive months?" He replied in the ^ " J ^ ( — 

^ ^ > 2 ^ > * '% 

negative. He asked him, "Can you afford to & N : J IS ^° 
feed sixty poor persons?" He replied in the jJai M ^Jallisi» ' J IS 



negative . (Abu Hurairah added) : Then a 



basket full of dates was brought to the U> :JIS :JIS 

Prophet ^ and he said (to that man), y'. fo : - J ^ 

"Feed (poor people) with this on your **' " 



30 - THE BOOK OfAS-SAUM f mIsT - f- 102 



behalf (by way of expiation)." He said, 
"(Should I feed it) to poorer people than 
we? There is no poorer house than ours 
between its (Al-Madlna's) mountains." The 
Prophet 3§ said , "Then feed your family with 
it." 

(32) CHAPTER. Cupping (letting out blood 
medically) and vomiting of a person 
observing Saum (fast) . 

Narrated Abu Hurairah & ibi ^5 : "If a 
person observing Saum (fast) vomits, that 
does not break his Saum (fast) , for while he 
vomits he expels something and does not 
swallow anything." 

It is mentioned from Abu Hurairah that 
vomiting breaks the Saum (fast), but the 
former narration is more authentic. Ibn 
'Abbas and 'Ikrima said, "Observing Saum 
(fast) means to stop taking food in, not 
taking it out." And Ibn 'Umar ^5 
used to be cupped while he was observing 
Saum (fast) but later on he abandoned it and 
began to be cupped at night . Abu Musa was 
cupped at night . It is narrated that Sa'd , Zaid 
bin Aiqam and Umm Salama were cupped 
while observing Saum (fast). Bukair said: 
Umm ' Alqama, said : "We used to be cupped 
[during observing Saum (fast)] in 'Aisha's 
presence and she did not object. Al-Hasan 
and others narrate on the authority of the 
Prophet si, "The cupping and the cupped 
persons break Saum (fast) on practising this 
operation while Saum (fast)." 'Aishah told 
me (Al-Bukhari) that 'Abdul-A'la narrated 
from Yunus from Al-Hasan as above. 
Somebody asked him, "Was that statement 
reported from the Prophet ^g?" He replied , 
"Yes," and then added, "Allah knows 
better." 



t^J 4J jjJu «H ^Js\ ^li :Jli 
ll* :JU cJ^jJl jjj 

U ?lL £>M JJ> : Jli 

j^LU) *J)\j &b (VY) 

LjJj>- if. lJ 

£li I SI : ks- iibl *jtj* 
L-JIp ibi j tin' 

lis" : j»l /^p Jlij 

:lp J>V if Cr~^\ Cf 

j-i . <dto ^vlAJ i ji- t jj uij->- 

^ .,U : Jli ?^ ^1 o* :i! 

. ^JLpI ibi : Jli 



30 - THE BOOK OFAS-SAUM wfcf - r* 



1938. Narrated Ibn 'Abbas &i ^?'y 
The Prophet ^ was cupped while he was in 
the state of Ihram , and also while he was 
observing a Sawn (fast). (1) 



103 




1939. Narrated Ibn 'Abbas L# &i ^y. LJjb- : JJ£ y\ UiJ^ - \VC^ 
The Prophet M was cupped while he was . . /if 
observing Saum (fast) . w . ^ - ^ jt 

[UTo .^Li 

1940. Narrated Thabit Al-Bunam : Anas ^1 ^ ft \±$jJ- - \M* 

bin Malik aIp &i was asked whether they > . „ ^ e > . r« . , 

j ^11 r t. :_1 cou^ : JU <u*J> U;jl>- : , 



disliked the cupping for a person observing ^ ' ^ ~ * V 

Sawn (fast). He replied in the negative and dJUU ^ J^l Jii : Jli ^b^l ^ 
said , "Only if it causes weakness "\ t' e t° c\ 

Narrated Shu'bah : In the lifetime of the 

Prophet^. ^ :JU ^LMJ ^1~>J1 

(33) CHAPTER. To observe Saum (fast) or ^ULlI ^ p-^JI lSLj (TT) 
not to observe Saum during journeys . ' , t ? vl , 

1941. Narrated Ibn Abi Aufa & &i ^ : : 41 Ju£ ^ ^ tfai - Mil 



We were in the company of Allah's 
Messenger | on a journey. He said to a 



(1) (H.1938) Hadith No. 1938 contradicts the Hadith of Al-Hasan. Apparently the Muslim 
jurists have given various interpretations to discard this contradiction : Ash-Shafi'I says, 
"Both Ahadith are correct , but the one narrated by Ibn 'Abbas is stronger as regards its 
series of narrators ; yet it is better to avoid cupping while observing Saum (fast) . But the 
verdict is to be taken from the Hadith of Ibn 'Abbas . I have the knowledge that the 
Prophet's Companions and their followers and all Muslim scholars think that cupping 
does not break one's Sawn 

Ibn Hazm thinks that Al-Hasan's Hadith is invalidated by another authentic Hadith 
narrated by Abu Sa'Id which goes : "The Prophet m permitted cupping for person . 
observing Sawn (fast)" (Fath Al-Bari) . 



30 - THE BOOK OF AS-SAUM j»j*a)t wltf - 1- 



104 



man, "Get down and mix Sawlq^ (powdered f ^J>j ^1 ji\ :^Llljl 

roasted barley or wheat grain) with water for . A| , „ .<* ' Xx . k x 

» . , ° „ . J & 3 4i)1 J US : J 13 <UP Mill 

me." The man said, "The sun (has not set - " C 

yet), (2) O Allah's Messenger" The Prophet . « J J>M» : jijJ Jlii ^ 

« again said to him, "Get down and mix . ^ ^ ^ , u 

Savyfy with water for me." The man again u ' ~ " 

said, "O Allah's Messenger! The sun"! The 4)1 Jj^j I : J Li «J Jj!i» 

Prophet ^ said to him (for the third time), . . ^ . .. , • ' •'in 

"Get down and mix Savw^ with water for v C ' ^ u 

me ." The man dismounted and mixed Sawlq oJlu p jJii <d ^s* 

with water for him . The Prophet M drank it 'Ja ^ V. 't.~ 1 

, , ,.,,.,;/ , , usl .UUl ^1; bl» :JU J; cI^La 

and t hen beckoned with his hand (towards ^ ^ 1 " ^ 1 T 

the east) and said, "When you see the night . ((^LSJl Jis LaU ^ 

falling from this side , then a person observing „ u . a „ > > „ ^ + 

Saum (fast) should break his Saum (fast)" . ^ 4 ^ - ^ J-! 1 J jifr 

& 

:>;]] .^Ai J ^1 ^ oil 



1942, Narrated 'Aishah L4_U %\ ^y. l^Jb^ : ^ilJ Ui>- - Hit 
Hamza bin 'Amr Al-Aslami said, "O * . 

Allah's Messenger! I observe Saum (fast) ' £ ' ^ Cc5:> ^ 

continuously." j jXs- ojJL>- 01 : t j r p 

J] cMlil I :Jli ^bSfi 

n<ur : >1] .^JJi S^t 

1943. Narrated 'Aishah \& %\ jj>y the 4)1 jup lliJbi- - \MY 
wife of the Prophet : Hamza bin 'Amr Al- j.. . . ? . - . * * 
Aslami asked the Prophet ji, "Should I ^ f ; ^ ^ : 
obseive 5ai/m (fast) while travelling?" The ^>*fj ^ 

Prophet ^replied, "You may observe ^ M m J ' ^ # ^ ,^ 

(fast) if you wish, and you may not observe ^ J ^ J *^ ^ J 

Saum (fast) if you wish ." : % ^lU J Li ^SlS 1 j ^ 

Olj <> v£Jj» Op :JUi t j»LjkJ I 



(1) (H.1941) Sawlq: See Glossary. 

(2) (H.1941) His saying: "The sun (has not set yet)" indicates that the Prophet was 
observing Saum (fast) and the man meant that the time of Iftar (breaking the Saum) was 
not due . 



30 - THE BOOK OF AS-SAUM ^tf r* 



105 



(34) CHAPTER. If a person observed Saum L>C) fU> fy :£b (ft) 

(fast) some days of Ramadan and then went r 6 J : , _ 

on a journey (is it permissible for him to ^ Jwa*j 

break his Saum). 

1944. Narrated Ibn 'Abbas u# 2abi ^ J»l jlp UJoi - \ ^ i i 

Allah's Messenger jg| set out for Makkah in ^ „ M ' ' 

Ramadan and he observed Saum (fast) , and V"* 4 ' ^"^^ 

when he reached Al-Kadid, he broke his ^ &\ jlp ^1 <ut JuIp 
Sawm (fast) and the people (with him) broke >1 „ ' tf „ „ 

their Sawm (fast) too. ^ ^ V*" & ^ 

(Abu 'Abdullah said, "Al-Kadid is a land J! ^ #| M : iJf* 

covered with water between 'Usfan and 
Qudaid.") 



t jrvA t *rvv t *rvn t *rvo t Y<\or 

(35) CHAPTER. : Jjb (r«) 

1945. Narrated Abu Ad-Darda' %\ ^ £^ jlil jlp liil^ - \ o 



il£ : We set out with Allah's Messenger $g on 
one of his journeys on a very hot day, and it 

was so hot that one had to put his hand over jl ' & Jojt ^ 

his head because of the severity of heat. »j 9 tijj. • &\ jCp ' 'LpL^I 

None of us was observing Saum (fast) except f ^ *° tl^ 

the Prophet^ and Ibn Rawaha. &l ^3 fl^lii ji- t^lS^I 

^ IS U ^1 JjLi Li Uj yjl 

(36) CHAPTER. The saying of the Prophet Jit j^i jgj £i\ J^S ujb (n) 

3g to the person observing Soum (fast) who * l( „ , 9 \ ' *, „ I( ( 

was being shaded on a very hot day, "It is not ^ ^ u ^ r ~ * " 

from Al-Birr (righteousness) to observe As- « Ji Jt ^ ^L^aJI 

Saum (the fast) on a journey." 



30 - THE BOOK OF AS-SAUM f^all uifcf - r* 



106 



1946 . Narrated Jabir bin 'Abdullah & i ^3 LJl>- : f Si - \ * H 

uJIp : Allah's Messenger |g| was on a journey > . 1 

and saw a crowd of people , and a man was Sr T " * ^ 

being shaded (by them) . He asked, "What is ^ JlL^J iL«.w : J li J^jU^Sl I 
the matter?" They said, "He (the man) is 
obseiving Saum (fast) The Prophet ^ said, 

"It is not from Al-Birr (righteousness) to j \£ : J U ^l^i- <ui I Cf?'-> ^ ' ^ ^ 

observe As-Saum (the fast) on a journey ."^ r , . t^r ^ . * , > - 

L-» : JUi aJLp Jit jlS 

JJJ» : <J^ :ljJl5i «?IJla 

(37) CHAPTER. The Companions of the ^lll sL>\>^e>\ ^ (VV) 
Prophet Mj did not criticize each other for * Uom I a 
observing Saum (fast) or not observing Saum - f ^ S^* * \* ^ • - J 
(fast) (on journeys) . 

1M7. Narrated Anas bin Malik ilUai^: & <flbl JLp llil^ - HiV 

We used to travel with the Prophet and t j; _^ . , ^ ^ L> * ' t 

neither did the persons observing Saum (fast) * - ^ ' 

criticize those who were not observing Saum : J IS di! U I ^1 i Jj^JaJ 1 
(fast) , nor did those who were not observing , *u ^ ^ ^ ^ ' * lJ ' iS" 

Sawm (fast) criticize the ones who were ^T^ 1 - J ^ C* 

observing &*wm (fast) . ^^Lp ^jUJI ^kiiJl ^^Lp ^LSJl 

(38) CHAPTER. Whoever broke his Saum il^J yLJl ^ jfiSf ^ 4>M (rA) 
(fast) on a journey (publicly) so that people * t?t| 

- - - - cJ - * 



might see him. 



1948. Narrated Tawus : Ibn 'Abbas ib I ^ LJJL^ - Hi A 

uJIp set out from Al-Madina to Makkah and . ^ „ . >f i * 6 — . - — - 

he observed Saum (fast) till he reached ^ ~ ^ u ^ r ' 

'Usfan, where he asked for water and raised t^jti? ^ t JlaU^ ^ t jj-i^i 
his hand to let the people see him, and then 



(1) (H.1946) The Ahadlth of this chapter show that it is permissible for one to observe 
Saum (fast) or break his Saum while travelling. But it is recommended for a healthy, 
strong person to observe Saum , whereas a weak or sick person is recommended not to 
observe Saum (fast). The saying of the Prophet £g|, "It is not from Al-Birr 
(righteousness) to observe Saum (fast) on a journey," is applicable to a particular 
case, i.e. , when one is so weak or sick that observing Saum (fast) would harm him. In 
such case one has to break his Saum (fast) , for Allah does not like His devotees to harm 
themselves needlessly. 



30 - THE BOOK OF AS-SAUM j^all otf - r- 107 



broke the Sawn (fast), and did not observe : Jli 1 3b I ( yj>j j»\ 

Sawn (fast) after that till he reached ^ oJuJl ' *u I* J ' ' ' ' ' 

Makkah, and that happened in Ramadan. <-r* & 

Ibn 'Abbas used to say, "Allah's Uo p tjUlp ^ J>- ^Lii *!>J> 

Messenger ^ (sometimes) observed Sawn * &| Vj jj Jlij^' r 

(fast) and (sometimes) did not observe Sawm ^ °" % . 

(fast) during the journeys, so whoever wished . oUaij ^ cilJij ^JlS 

not to observe Sawn (fast), could do so." „ " >. ^ ^ , t ,>-r 

*Li <ul J j*" j 

:gr\j] .'J$ £Li J^j 

(39) CHAPTER. (The Statement of Allah /SjLlS ^jfr j££ :JjL 0"<0 

JU;): "And as for those who can fast with r , „ ^ 

difficulty (e.g. the aged etc.) they have (a ^ 1 
choice either to fast or) to feed a Miskin (poor 

person) (for every day) .»<*> (V.2 :184) - , ^ _ , ^ 

Ibn 'Umar and Salama bin Al-Akwa' said Cr ^' u w 

that the provision of the above Verse was JjJ>\ l>L^*j J^i^ : lJ 

abrogated by the following Verse: ,1^ ^ . , ; - , 

"The month of Ramadan in which was r ^ — "-^ <-^j ^ ~ 

revealed the Qur'an.. (up to)., for having p^fflj 
guided you , so that you may be grateful to 
Him." (V.2:185). 



Narrated Ibn Abl Laila : The companions ^\ ^1 hijb- : 5^ ^> jJJ- \j^ju>- 

of Prophet Muhammad said that when ' ufjb- * XJ 

observing 5a ww (fast) in Ramadan was * ^ * • ^ * 

prescribed (for the first time), they could °J* jlSo ^f^- jliij J^ 

not endure it . So , whoever fed a poor person ^j'- L^LL> lit! 

every day (of Ramadan) did not observe ^ " ' p ^ 

Sawn (fast) [although he had the power to tilJi ^ J^-jj t^Lk^ ^jJLo 

observe Sawn (fast)], and was permitted to / ^^j * Y | ' >c ^¥ * U£i-lJi 

do so. Then this order was cancelled by the ^r^ 3 OJ r - 

Verse : " . . .And that you observe Sawn (fast) . f j-2aJ 1j 1 jj* li 



(1) (Ch.39) The Verse is interpreted in two ways. It may mean: Those who are able to 
observe Sawn (fast) but do not wish to fast, should give Fidya. The scholars who 
interpret the verse in this way say that the provision of this verse was abrogated by 
another verse where all Muslims were ordered to observe Sawn (fast) . Other scholars 
interpret the Verse as meaning : Those who are able to observe fast only with great 
difficulty like very old people or a woman who has to nurse her newly born child, etc. , 
are permitted not to observe fast and give the Fidya in recompensation . Ibn 'Umar 
gives the first verdict but Ibn 'Abbas thinks that the second is the right one . (Fath Al- 
Bari). 



30 - THE BOOK OFAS-SAUM utttf - f- 108 



is better for you." (V.2:I84), so they were 
ordered to observe Saum (fast) . 

1949. Narrated Nafi' : Ibn 'Umar 3» ^ bil>- : l>te l&U - ^ i * 

U4I^ recited the Verse : "They had a choice . . ^ . Ip^I jlp 

either to observe Saum (fast) or to feed a ^ 4 " - ' L ^ P 

poor person for every day, and said that the : U4-^ t>f j j** if) c £f ^ 

order of this Verse was cancelled . , - / - >. ^< v "f-- 

" > « ^ 

(40) CHAPTER. When to make up for the *Lii ( * • ) 

missed days of fasting of Ramadan. . 

Ibn 4 Abbas u4Ip ft I ^3 said , "There is no 1 ^ U ^ ^1 J^j 



harmi to observe fasting intermittently, as the 
Statement of Allah JU: shows: "... The 
same number [of days which one did not ^ r lLii\ ^ Jlij 4^ 

observe Saum (fasts) must be made up] from C„ a ' I • ' N • * ' 1 1 
other days..." ^ ^ ^ 

Sa'id bin Al-Musaiyab said : "The ten days J*^ lil : ^ 1^1 J U j t o 
of (fasting) (as Nawafil of Dhul-Hijjah) .j "M ^Li*' £l>- - 

should not be observed till the fasting in lieu \^ ^ J 

of the missed days of Ramadan were ^1 ^p *J>j^j tloUi?l aIJLp ^ 
completed." . .a, . . ^ m' oj * 

Ibrahim said: "If somebody did not * * ^ *^ ^ ^ . ^ 
observe Sawm (fast) in lieu of the missed ^U£)|l ^U: ^jb • 
days of Ramadan till the next Ramadan U-'] y ^ < X J S \ -JU lJ| 

came, then he should observe Saum (fast) • . • ^ T • * 

the present Ramadan and then the missed 
days of the previous Ramadan." Ibrahim did 
not think that that person should feed the 
poor (as Fidya) . 

Narrated Abu Hurairah indirectly on the 
authority of the Prophet jgg and Ibn 'Abbas 
that he should feed the poor . But Allah does 
not mention the feeding of the poor but only 
says : "... The same number [of days which 
one did not observe Saum (fasts) must be 
made up] from other days. . ." 

1950. Narrated 'Aishah 1+1* &l : jJ y m & JU>-t l&U- - \^o< 

Sometimes I missed some days of 



30 - THE BOOK OF AS-SAUM j^aJI ytf - r* 



109 



Ramadan, but could not observe Saum (fast) ^1 -j* t j& ^jkj LJjl>. 

in lieu of them except in the month of 
Sha'ban." Yahya, (a subnarrator) said, "She 



used to be busy serving the Prophet ^ jJaJl ^Ip b : J^J L$1p 

Itf Jill! i^^^ J IS .oLJLi ^ 

(41) CHAPTER. The menstruating women ^JJI il^J ^iL (M) 
should leave the Saum (fast) and As-Saldt " ' \ * \ 
(the prayer). ^ tS *^ 

Abu Az-Zinad said, "Very often the j-'wLi I jl *^>" j->) Jlij 

Swnna (legal ways) and the truth go against ^js^_ Ap ! ^ "t*J ^Jl ' ' ' 

the opinions , and for the Muslims there is no " " ^ ^yrJJ 

way out except to follow the truth and the ^ iJu ji-LLill Ui t^l^Jl 

Sunna (legal ways) of the Prophet and an " , . „ * f ' ; /" * 

example of that is that a menstruating woman S?> ^ ^ * 

should observe Sawm (fast) in lieu of her . I *^%] \ ^aii ^ j ^ L^aJ I 

missed Saum , but she is not to offer the Salat 
(prayer) in lieu of her missed Salat " 

1951. Narrated Abu Sa'id&^i^j: The :^Jk j>\ l£U - \\o\ 
Prophet ^ said, "Isn't it true that a woman ^ - . > jjjj, lJ1>- 

does not offer Salat (prayer) and does not ^ * & 

observe Saum (fast) on menstruating? And Ju*J* ^1 c^Lp ^p cJbj 

that is the defect (a loss) in her religion." ,% - ... 

(42) CHAPTER. Whoever died and he ought c ^ ^ JiL ( 1 Y) 
to have observed Saum (fast) (the missed >* , j| Vl^Jl Jli 
days of Ramadan, can somebody else f 5 • J 
observe Saum instead of him?) .jli- U>-lj M>-j Oj^^ 

Al-Hasan said, "If thirty men observe 
Saum (fast) one day on his behalf then it will 
be sufficient." 



1952. Narrated 'Aishah 14!* &i ^'y. :jJU- ^ llAi l£U- - HoY 
Allah's Messenger m said, "Whoever died 
and he ought to have observed Saum (fast) 



30 - THE BOOK OYAS-SAUM fj*fl yUT r- 



110 



(the missed days of Ramadan) then his c^jUJl j J*s* ji> &1>- 
guardians must observe Saum (fast) on his 
behalf." 



4jI J ^ij jl : 1$1p Jul j^f j i-islp 
^L^? jlL^ aIIpj olo ji» :Jli ^ 

. <UP 

c*;' tin 1 ^j? 1 iS< cc 5 *"- "'jjj 

1953. Narrated Ibn 'Abbas U^&l ^3 : A Jup ^ il^i - HoV 

man came to the Prophet ^ and said, "O . • , > *Z li.i>- * 5 Jl 

Allah's Messenger! My mother died and she * & ^ ' f/^f 

ought to have observed Saum (fast) one p-LL<> jp '^^p^I jp SJ5lj L5.A>- 

month (for her missed Ramadan). Shall I " ^ ^ '> f ' t *-ialll 

observe Sawm on her behalf?" The Prophet ^ ^ — ^ 

2g replied in the affirmative and said, *U- :Jli i L^Ip <bl ^>^fj a". 

"Allah's debts have more right to be paid." '\ * ' \ • 'U" r ^ *^l Jl **Li' 

Sulaiman said: Al-Hakam and Salama Jj ^ J - * J m ^ , <f> ^ J 
said: We were all there when Muslim L^lipj oJU ^1 jl 15b I 

narrated thisHadlth. They said: We heard , . „, 
Mujahid saying this on Ibn 'Abbas' authority, v ^ *l i Y - 

and the authority of Abl Khalid that: Al- J 15 . ^^Jsju 01 <bl 

A'mash told Abl Khalid on the authority of > r , | J 1^ • j LJLi 

Al Hakam and Muslim Al-Batin and Salama U> * JJ ' J / , " 

bin Kuhail who heard Sa'Id bin Jubair, Ata IjLfj ^IL* &J&~ o" 

and Mujahid that Ibn 'Abbas said. >> \, * , , > . , 4 , 

In another narration a woman is reported ^ / ' \> ' 

to have said, "My sister died and Yahy a and ^1 ^ ^Jbj ^ ^ 

Abu Mu'awiya on the authority of Al-A'mash i^] \ ' *£j>sSj \ * jl! l>- 

who said on the authority of Sa' id who said he f^**^ c cr** ' * * 

heard Ibn 'Abbas saying, "A woman said to ^p t Jl^ ^ ( ^ r JtalJ\ ^JLLaj 

the Prophet 'My mother died...' " and , * \* > w * '* 

Ubaidullah bin 'Amr on the authority of Zaid y * - ^ * J * ^ ir' V- ' 
bin Abl Unaisa who was told by Al-Hakam ( ^IU Sl^l cJU i^Up ^1 

who was in turn told by Sa'Id who reported • ^ • f . 

Ibn 'Abbas said, ": A woman said to the * J J ^ ^ °' 

Prophet ^g, 'My mother died and she had ^JUL* jp t^^ip^l jp <.Zj\ju> 

vowed to observe Saum (fast) but she didn't * 



30 - THE BOOK OF AS-SAVM f^otl Mtf - r* 111 



observe Saum (fast)."' In another narration cJli : ^ts* jjl tJu^ jp 

Ibn 'Abbas is reported to have said, "A . ; ' *f m' * *U 

woman said to the Prophet 'My mother * ^ ^ °l : m 

died while she ought to have observed Saum jJ j ^p t j ^Ip 4j I jCp J li j 

(fast) for fifteen days.' " . . „ V" n '-'•'( t 

tJLA*^ JjP t*is>Jl ^P t 4™j 1 ^ I 

^IiJ 5^1 cJli '-^fy &\ <j* 

(* ^ ** 

( * f JJJ oly>l cJli : (j^UP Jji ^jP 

(43) CHAPTER. When should the person ?p5liJl ^lai ^ :£b (tr) 
observing Saw/w (fast) break his Saum (fast)? 



And Abu Sa'Td Al-Khudri broke his Sawm ( ^>- JL^J 1 x^L* y\ 'Ja*\ j 
(fast) as soon as the sun's disc set 
(disappeared). 

1954. Narrated 'Umar bin Al-Khattab Lil=- t^-A^Jl £j£ - \<\<>i 
Hp Allah's Messenger ^ said, , >. . ' i ' 
"When night falls from this side and the * J ° Jj * : ° - 
day vanishes from this side and the sun sets, j> ^*f\* cJU^ '.J^£ ^) <Lk*^> 
then the person observing Saum (fast) should „ f . „ , r " , 
break his S««m (fast)". ' ^ f 'y 1 ^' # ^ 

:$g 4il J^ij Jli til* 

^-Jl ^ LiU ^ J^JI jJf 

1955. Narrated 'Abdullah bin AbT Aufa L-LiL-^ - ^oo 



3S» i ^5 : We were in the company of the „ * . t , . . 

~ ' ■ ,*p l JLJ L_>- L_i— i JL_>- ! " U . .. 1 - J j 

Prophet^ on a journey and he was observing V / ^ ' " ^ 

(fast), and when the sun set, he ^\ jj! 4)1 JlIp ^p t^LliJl 

addressed somebody, "O so-and-so, get up U> ' u . k, 

I *-« US * * J IS <CP 41) I ; 

and mix 5awf^ with water for us." He ^ C S^ 7 ^ 

replied, "O Allah's Messenger! (Will you uAi (.^JUtf> j ^x^. ^ ||| 

wait) till it is evening?" The Prophet « said, ^ Li ^ ( ^ 

"Get down and mix Sawlq with water for us ." " \~ " u 



30 - THE BOOK OF AS-SAUM fj*a»l u*W r- 112 



He replied, "O Allah's Messenger! (If you 
wait) till it is evening." The Prophet 2g said 
again, "Get down and mix Sawiq with water 
for us." He replied, "It is still daytime 
The Prophet said again, "Get down and 
mix Sawlq with water for us." He got down 
mixed Sawlq for them. The Prophet ^ 
drank it and then said, "When you see night 
falling from this side, the fasting person 
should break his Saum (fast) ." 



(44) CHAPTER. Ifidr [to break the Saum 
(fast)] with the available water or anything 
else. 

1956. Narrated * Abdullah bin Abi Aufa 
Ujl*. ft 1 : We were travelling with Allah's 
Messenger gg| and he was observing Saum 
(fast), and when the sun set, he said to 
(someone), "Get down and mix Sawiq with 
water for us." He replied, "O Allah's 
Messenger! (Will you wait) till it is 
evening?" The Prophet £j| again said, "Get 
down and mix Sawiq with water for us." He 
replied, "O Allah's Messenger! It is still 
daytime." The Prophet ^ said again, "Get 
down and mix Sawiq with water for us/' So, 
he got down and carried out that order . The 
Prophet then said, "When you see night 
falling from this side, the person observing 
Saum (fast) should break his Saum (fast)" 
and he beckoned with his finger towards the 
east . 

(45) CHAPTER, To hasten the Iftar 
[breaking of the fast] . 

1957, Narrated Sahl bin Sa'd: Allah's 



£J^Li J> :Jli $ 
jii 5b 1 L :Jli aLJ 

Jjil» :JU 01 :JU 

til)) :JU pi #| «bl J^j 

*UI ja 'jLZ Uj ^kai i£jL{ (11) 

li^U l£l>- - >^on 

OLJ-i iJLliil bSl>- -'^j^ ^ 
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:<Jli p .^A>j Jj^ - (( ^ ^J^r-l* 
Hi LiU jjf jill ^tj 

jU»i>i (10) 



(1) (H.1955) Peihaps that companion of the Prophet j§ thought that the sun had not set 
but was still hidden behind a hill or the like , or it was cloudy and thus was not sure of 
the setting of the sun . (Fath Al-Bari) 



30 - THE BOOK OF AS-SAUM f^ai\ ytf - r- 



113 



Messenger 2g said, "The people will remain t <iJUL> Li^-I : lSu^ 

on the right path as long as they hasten the { f 9 + . , . . . 

/jfiSr [breaking of the Saum (fast)] ." ^ ^ ^ ^ 

1958. Narrated Ibn Abl Aufa ujl* <bi Csf j '• Jr* £ Cf. JL *^' ~~ 



I was with the Prophet ^ on a journey, and 
he observed the Saum (fast) till evening . The 



Prophet said to a man , "Get down and mix : J IS cp ib I ^^sf j ^ j 1 ^ I ^ I 
Saw>^ with water for me." He replied, "Will ' agg " 

you wait till it is evening?" The Prophet ^ f ^ 1 ^ ^ 

said, "Get down and mix Sawiq with water JjJl" : J-^r^ <J^* c^*" 
for me ; when you see night falling from this s , ; , . - . 

J>- O Jail J :JIS t« J r Jb-lS 

side, the person observing Saum (fast) c - 5 ^ J -T C ■ 

should //tar [break his Saum (fast)]." !■>! t«J qI^-IS : J 15 



Jii bi U ^ JlS I JiSS Jill I cJlj 

(46) CHAPTER. If somebody Aftara [breaks £i oUkij J ^1 lij (in) 

the Saum (fast)] , thinking that the sun has * * *\\ \ ,j» :1U 

set and then sees the sun still visible. ^ ^ " 
[Should he make up for that Sauml) 

1959. Narrated Abu Usama: Hisham bin j> <bl Jlp j$J>>- - 

'Urwa said on the authority of Fatima : Asma " 9 . c , ~\ >f c - 

bint Abi Bakr 41 ^5 said, We broke I ' ^ 

our fast (#tar) during the lifetime of the c-Jo *U**I iikti ^ tSj^ ^ 

Prophet ^ on a cloudy day and then the sun t ^ t ^ j ^ . - " | 

appeared." Hisham was asked, "Were they * ^ ^ ^ 

ordered to observe fasting in lieu of that ^ j|| ^Jl Juji- 

day?" He replied, "It had to be made up * t . - j . . < j ^ ts^ 
for." Ma *mar said, "I heard Hisham saying, C - " 

"I don't know whether they observed fasting .^LiS ^ Jb :JIS ?^L^.gJU Ijj^lS 
in lieu of that day or not ." . 
[See Fath Al-Bari] 



(47) CHAPTER. Saum (fasting) of boys c^LlSJI ^ (1V) 

(children etc.) 



And 'Umar iip ^ti ^5 said to a drunk in 
the month of Ramadan, "Woe to you! 



30 - THE BOOK OF AS-SAUM j^all wltf r* 114 



(Even) our boys (children etc .) are observing ! £ Lv? U lw» j t tiUJ j : o Uai j ^ 

(fast) (and you are drunk!)" And then 
he gave him the legal punishment . 



. 4j 



1960. Narrated Ar-Rubai' bint l^U : Slli l£U- - 



Mu'awwidh: The Prophet ^ sent a jJL^ ° ' lukiLSl ' I > * 

messenger to the village of the Ansar in the ^ — t) ^- ^ 

morning of the day of 'Ashura' (10th of : cilS i^ii c*L £>"J\ t olJ5i 

Muharram) to announce: "Whoever has >, ^ , tf t , 

i. 111 i , Sljj-ilp Slop j& ,vJl 

eaten something should not eat but *-* s ^ ^ S£T ^ v 

complete the &z«m (fast), and whoever is I ^klo ijU^i^l 

observing the Saum (fast) should complete * , , 6 * > . * a >y 

it." She further said, "Since then we used to ^ ^ CSJ <^ 

observe Saum (fast) on that day regularly and Jiij a5> j^ki lISo : cJ IS ((^-illi 

also make our boys (children etc.) to observe „ iJUUl 1A] 'liij l-5 l-_ e _-y* '* 

fasting . We used to make toys of wool for the ^ * u***->3 - - ^J^J 

boys (children etc.) and if anyone of them j»Uk!i ^JLp ^j*>jJ-\ ISIS . j^g-aJl 

cried for food, he was given those toys till it - * - s >, . f 

,u f +u «U ru i- * *u ^ oL^kpl 

was the time of the Iftar [breaking of the * j- - cs— 

Saum (fast)]". . jQj)M 

(48) CHAPTER. Al-Wisal [i.e., to observe ijl^l (1A) 

Sawn (fast) continuously without eating or 
drinking anything by day or night, may be 



}\rf J o4 : <J U if>J 



for a day or two or more] . Jl ^\^\ j3^> : J^- j ^p aJ^sJ 

And whoever says that there is no Saum ' fi *. ^ _ ,t * ( 

(fast) at night according to the Statement of m ^ ^ J * nAV : °^ ,] ^ 



Allah j^j 3^ (< Then complete your fast till the p-fci* ^ t^J-j <J> 

nightfall..." (V.2:187). And the Prophet m 
forbade it (i .e . , Al-Wisal) with mercy to them 
(Muslims) and to keep them healthy. And 
what is hated as regards excessive practices of 
worshipping . 

1961. Narrated Anas ^ fti ^y. The :JIS SlLU - 
Prophet ^ said, "Do not practise Al-Wisal 
[fasting continuously without breaking one's 

Saum (fast) in the evening or eating before J* «1p <ui ( yj>j {J S\ "J* oSLi 
the following dawn] The people said to the 
Prophet ^j, "But you practise Al-WisalT 

The Prophet 2g replied , "I am not like any of \S C..JJ » : J IS . Ju^ I^J 
you , for I am given food and drink (by Allah) m •( - fl f ^^rf 
during the night." 



IjJlS Ij; : J IS ^ j^Jl 



30 - THE BOOK OFAS-SAUM uitrf f. 



115 



1962 . Narrated 'Abdullah bin 'Umar ^ j 4j 1 xJ> Lj - H^Y 
u£* &i: Allah's Messenger ^ forbade Al- . LT M ' 
Jffoz/. The people said (to him), "But you a* c ^ * ^^Ji 
practise it?" He said, "I am not like you, for I ^ju 1 ^yj>j j^p ^jI 4A)I jlp ^p 
am given food and drink (by Allah)." . > , / ^ 

:JIS :J^I>"iL ? l :\)\k tJU^JI 

1963. Narrated Abu Said & &i that ^> 4)1 jup lliii - \ 

he had heard the Prophet i| saying, "Do not > ^ lJjl^ lLiL| lijb>- ' ' ' 

Saum (fast) continuously (i.e., do not ^ " - ' 

practise Al-Wisdl), and if you intend to ^p t^Li j>\ 4)1 jIp ^p 

lengthen your &zwra (fasting period) , then ' ' -'^J, %\ ^ ' ' " } 

carry it on only till the Sahar (before the C*"^ ^ * 

following dawn)." The people said to him, \ JLf\ji ^» : J yb ^III 

"But you practise (Al-Wisdl), O Allah's * •? "^A 

Messenger!" He replied, "I am not similar ~y 

to you, for during night I have One Who uj^j Ij J-f Ijj vlli^i : ■ (( 

makes me eat and drink." * ■ A—p > m v ^i, 

^1 .^S£^ vi«J :JU !?4iil 

1964. Narrated 'Aishah Lj-li- ft I ^1 ^» JU^ l2o>- - H*U 
Allah's Messenger ^ forbade Al-Wisdl with 
mercy to them. They said to him, "But you 

practise Al-WisdlV He said, "I am not ji- <.$J\ ji- tSj^p ^jI ^LLa 



^jp t oJLP u j^-i • j ii JUj>** j 

^ :cJU Lglp ill ^^p 



similar to you, for my Lord gives me food 
and drink." 

Abdullah said that Uthman did not ZJJ-j JU^Jl ^ j|| 4it Uj^j 
mention : "Mercy to them (towards the 
companions." 



: J 15 t ik\ : 1^3 U5 t 

JLP jjI Jli . fi^illj ^5 

(49) CHAPTER. The punishment for the jJLSl jJJ J^^Jl 

person who practises Al-Wisdl very often. ' 'u ^ u 



30 - THE BOOK OF AS-SAUM pj*M y ttf - r- 116 



This is narrated by Anas on the authority 
of the Prophet ig. 

1965. Narrated Abu Hurairah ^ %\ : 
Allah's Messenger $jg forbade Al-Wisal in 
observing As-Sawn (the fasts) . So, one of the 
Muslims said to him, "But you practise Al- 
Wisal, O Allah's Messenger!" The Prophet 
2fg replied, "Who amongst you is similar to 
me? I am given food and drink during night 
by my Lord So , when the people refused to 
stop Al-Wisal (fasting continuously), the 
Prophet observed Sawn (the fast) day 
and night continuously along with them for a 
day and then another day and then they saw 
the crescent-moon (of the month of 
Shawwal). The Prophet 3i said to them 
(angrily), "If it (the crescent) had not 
appeared, I would have made you observe 
Saum for a longer period." That was as a 
punishment for them when they refused to 
stop (practising Al-Wisal). 

[SteFathAl-Bdri] 

1966. Narrated Abu Hurairah Hp ibi : 
The Prophet £g said twice, "(O you people) 
Be cautious! Do not practise Al-Wisal " The 
people said to him, "But you practise Al- 
WisalT The Prophet replied, "My Lord 
gives me food and drink during night. Do 
that much of deeds which are within your 
ability." 



(50) CHAPTER. To observe Saum (fast) 
continuously day and night (Al-Wisal) till the 
time of Sahar (last part of night) . 

1967. Narrated Abu Sa'Id Al-Khudri ^ 
<iii: Allah's Messenger 3g said, "Do not 
observe Sawn (fast) continuously day and 



> : jii .j^i ijij p u>; fi 

[VY<U t VY £ Y 

lijU - mi 

:J15 dUI :JJ 

- 9 ' *" . * \*> - \ M« 



[mo 



30 - THE BOOK OF AS-SAUM v fcf - r- 117 



night (i.e., do not practise Al-Wisal) and if 
anyone of you intends to Sawn (fast) 
continuously day and night, he should 
continue till the Sahar (before the following 
dawn)." They said, "But you practise Al- 
Wisal, O Allah's Messenger!" The Prophet 
3g said, "I am not similar to you; during 
night I have One Who makes me eat and 
drink." 



(51) CHAPTER. If someone forces his 
Muslim brother to break his (Nawdfil) fast, 
by giving him an oath, the person observing 
Saum (fast) has not to observe Saum (fast) in 
lieu of it if the giving up of the Saum was 
better for him . 

1968 . Narrated Abu Juhaif a : The Prophet 
3g made a bond of brotherhood between 
Salman and Abu Ad-Darda. ' Salman paid a 
visit to Abu Ad-Darda' and found Umm Ad- 
Darda' dressed in shabby clothes and asked 
her why she was in that state . She replied , 
"Your brother Abu Ad-Darda' is not 
interested in (the luxuries of) this world." 
In the meantime Abu Ad-Darda' came and 
prepared a meal for Salman. Salman 
requested Abu Ad-Darda' to eat (with 
him), but Abu Ad-Darda said, "I am 
observing Sawn (fast)." Salman said, "I am 
not going to eat unless you eat ." So , Abu Ad- 
Darda' ate (with Salman) . When it was night 
and (a part of the night passed), Abu Ad- 
Darda' got up (to offer the night prayer) , but 
Salman told him to sleep and Abu Ad-Darda' 
slept . After sometime Abu Ad-Darda' again 
got up but Salman told him to sleep . When it 
was the last hours of the night , Salman told 
him to get up then , and both of them offered 
the Salat (prayer). Salman told Abu Ad- 
Darda' , "Your Lord has a right on you , your 



<. <~"'L>- ^ I 411 1 JUP <. Jbjj 

. - * 8 / ti - f 

<Js> ^J] 4*L (o\) 
U & & J* -'J* 4 & 

:cJli U : I4J jUi 

. lIji J Ui> JJ $ 

t^U? ^li :JIS tji :*J JUi 
. ji!5 JSL ut L. 

y\ csi jliJi 5i5 lLlS c jstS 

^-j ^ll . : J li t * IS j jJ I 
JJl!^J jl :ouL- Ju^ . liki 



30 - THE BOOK OF AS-SAUM |»j-flll ytf - T • 



118 



ownself has a right on you , and your family t U>- ^iHp dL*iJj t U>- dilU 
has a right on you; so you should give the < > ^ ^ ^ ^ 

rights of all those who has a right on you." y 

Abu Ad-Darda' came to the Prophet ^ and villi ^ii 3|§ c!a>- 

narrated the whole story. The Prophet ''x*^)) • £ e l}\ ij JUj tij 

said, "Salman has spoken the truth." t?*^ • 

(52) CHAPTER. Sflii/n (fasting) in the ^Lii f>*i> 4*b (oY) 
month of Sha'ban . 

1969. Narrated 'Aishah L«l£ %\ ^y. ^ 4)1 jlp - \\\^ 
Allah's Messenger M used to observe Saum \ t m i f > > 
(fast) till one would say that he would never ST* ^ ^* ^ 
stop observing Sawm (fast), and he would LIjIp t^iJL- ^1 4 j**^' 
abandon Saum (fast) till one would say that * . A , •/ >i, 

he would never observe Saum (fast) . I never , ^ 

saw Allah's Messenger £jg observing Saum <. _^kjL *y : o j£> it J>- ^y^k 3|t 

(fast) for a whole month except the month of ^ ' * ' ^ ' A ' : - > Ja^ 
Ramadan , and did not see him fasting in any ^ ' * ^ J^il 

month more than in the month of Sha'ban. ^L*f J^>c2*\ j|| cJ'j 

hno t w : >;(] . jLii ^ 

1970. Narrated 'Aishah lJIp ibi ^"y. The : iJLi* ^ iui l^JL^ - • 
Prophet i| never observed Saum (fast) in any ^ ■ . . » . f . * 
month more than in the month of Sha'ban. ^ ^ * < -*^ ^ 

He used to say , "Do those deeds which you IfZ &l ^J>j i^lp jl : ilL- 

can do easily, as Allah will not get tired (of ^ 4 . jj^j 

giving rewards) til] you get bored and tired " J ^ Sr^ r \ ^ 

(of performing religious deeds)." The most t jULi \ ^ j^H 

beloved Salat (prayer) to the Prophet *I was ^i^t ^ ^ r , .J J; 

the one that was done regularly (throughout ^/ ^ ^ , ^ 

the life) even if it were little. And whenever j * ft 1 ^JLiJ i j>- J^J ^ &\ jji 

the Prophet «| offered a Sa/ar (prayer) he ^ , # ^ 

used to offer it regularly. " ^ ^ <-^s s ^ ^ 

S*>L^ ^^Li? lil . cJLi j|3 

[1^ :^lj3 . 1*I1p fjli 

(53) CHAPTER. Wliat is said about the ^1 ^ ^Jb U i^b (ot) 
fasting and non-fasting (periods) of the * ' lt ? ( . ^ 
Prophet^. ^ ^ ^ 



30 - THE BOOK OF AS-SAUM p^adl r- 119 



1971. Narrated Ibn 'Abbas uJIp ft I Cs?j'- <j-i ^j-^J-* 

The Prophet ^ never observed Sawn (fast) a £ „ . ^ „ >| . ^ . ^ 

full month except the month of Ramadan, ^ J* LAj J* y. * Jt£ 

and he used to observe Sawn (fast) till one ^1 j& <• If <• ^ 

could say, "By Allah, he will never stop ^ ^ ^ ^ 

observing Sawm (fast)/' and he would ^^u^ f^ ^ 
abandon observing Saw/n (fast) till one £ y^Hj . jLk^j ^ -«5 %jlS" 

would say, "By Allah, he will never observe >. °> M * . M > . >^ 
W^fast)." ^ ^ ^ ^ 

1972. Narrated Anas fti Allah's ^ jjjiJl xS J?"*te- ~ HVY 
Messenger ^ used to leave observing Sawn , > \ , > ;* . ^ 
(fast) in a certain month till we thought that ^ ^ - 

he would not observe S^wm (fast) in that 1 II a^I : Jl*>- ^ t ji*=r 

month , and he used to fast in another month j, . * > „ _ * >. , 

till we thought he would not stop observing ' f % ^? - 

Sawn (fast) at all in that month. And if one ^ jl ^jk> -j* *1§ 

wanted to see him offering Salat (prayer) at ^ * j a & - * * " *°> " * ' 
night, one could see him (in that condition), ( ~^* J L ^ f^*^- 9 c - 

and if one wanted to see him sleeping at i \j I LiJ ^ b \5 j . Uli 'J^t 

night, one could see him (in that condition) r v >^f. v f f ? . > . 



1973. Narrated Humaid: I asked Anas U^-i : ju^» - ^ ^Vr 

ilp &i about the 5«ww (fasting) of the y M jJL^ ^ 

Prophet s^. He said, "Whenever I liked to " ^ ' ^ 
see the Prophet ^ observing Sawn (fast) in ^ aIp it) I ^» j LJl cJC : J 15 
any month , I could see that , and whenever I * f ' °i , " ' ( ,-' ^ - s ti i 
liked to see him not observing (fast), I * " " J \ - - 

could see that too , and if I liked to see him tol_3 ^1 UjU? ^4-^' ^ ^ 
offering (prayer) in any night , I could . v , J\, 1 \ °-> m 

see that, and if I liked to see him sleeping, I - . 5 ^ ^ „ 

could see that, too." Anas further said, "I • 'j ^1 UjU *y j tol_3 Uj15 
never touched silk or velvet softer than the 
hand of Allah's Messenger and never 
smelled musk or perfume more pleasant than c^lw ^ j 1 3|| <ul J JiS 
the smell of Allah's Messenger gg." 



30 - THE BOOK OF AS-SAUM f^aS\ ujW - T- 



120 



(54) CHAPTER. The right of the guest in ^jill ^ ^al^ 11 <j£ 4^ 
fasting. 

1974. Narrated 'Abdullah bin 'Amr bin U>M :^Uw4 - N^Vl 
Al-'As ui* %\ "Once Allah's Messenger „ , , . , . > > > . 
3g came to me, and then he narrated the y ^ u " ^ 

whole narration, i.e., your guest has a right ^wJL* jjI ■ ^ <Jz*i LjJj- 

on you, and vour wife has a right on you. I - - > i, ; tf . 

then asked about the Saum (fasting) of ^ ' 

Dawud (David) r ^Ui Up. The Prophet M : J^i ^*>f* ^ Cff J 

replied, "Half of the year," [i.e., he used to ; M ^ \ >, r 

observe Saum (fast) on every alternate day] . *" ^ ' ' ^ ^ 

^ in* !)[» 

Uj :cJ& iilU i^r-jjJ 

(55) CHAPTER. The right of the body in J ^l^JI ljL (oo) 
observing As- Saum (the fast) . " ' 

1975. Narrated ( Abdullah bin 'Amr bin : JJLii ^,1 Ll£U - \Wo 

said to me, "O 'Abdullah! Have I not been JJ ^ • 

informed that you observe Saum (fast) during t ^ I JJ*1 J^^>- '• J I* 
the day and offer Salat (prayer) all the > cr. ? . 

night." 'Abdullah replied, "Yes, O Allah's ^ -0 
Messenger!" The Prophet^! said, "Don't do ^ 4)1 jlp ^i*- :<3l» 'J^>\^ 
that ; observe Saum (fast) for few days and ^ ft I ' " ' li! I 
then give it up for few days, offer Salat 4 ^ ^ 

(prayer) and also sleep at night , as your body jIp L» 4)1 J^-j J 15 

has a right on you , and your wife has a right > >; „ ^ > > : « - \ | »j | 

on you, and your guest has a right on you. ^3** 3 s 
And it is sufficient for you to observe Saum t *i)l J ^3 ^ ^ • (( ^ J?^' 

(fast) three days in a month, as the reward of 
a good deed is multiplied ten times , so it will 



be like fasting throughout the year." I b\j ili> -^^>^ 

insisted (on fasting) and so I was given a ^ ^ ijQi ' ilZiJ 

hard instruction. I said, "O Allah's ^ ■ - - ' 



30 - THE BOOK OF AS-SAUM fj^i\ wtf - r- 



121 



Messenger! I have strength." The Prophet^ . UU- dilLp llj jjJ o[j tfc cLilU 

said /'Observe torn (fast) like the fasting of - -* - *i m - m 

the Prophet Dawud (David) r ^Ui Up and do & & tf** e °^ 

not observe fast more than that." I asked jal>- Jxj di! jU 

"How was the fasting of the Prophet of . s M >. °r t r " .f 

Allah, David r ^Ui Up?" He said, "Half of *f f — ^ UJ r ^ JL ^' 

the year," (i.e., he used to observe fast on L> : dJLS . ^li- jJlIs ojJlIs t «45 

every alternate day) . > * * . . > „ 

;Jl3 .OaS pi Kill Jt^ i 

Afterwards when 'Abdullah became old, ^ - ^ - ^ 

he used to say, "It would have been better for aIJLp SjlS <bl f f -/i^ 

me if I had accepted the permission of the ^ * cJi «<uip j ,:: *y '^llJl 

Prophet jjjl [hich he gave me i .e . , to observe ~* ' " J ^ 4 f 

(fast) only three days a month] ." ^^JLil aIIp SjlS 4)1 ^Iw? OlS" 

0JL3 L) ! Lo Jbc j j-Aj 

(56) CHAPTER. Observing 5awm (fasting) yLjllI 4^L (o"0 
daily throughout the life . 



1976 . Narrated 'Abdullah bin 'Amr % \ 

U^Ip: Allah's Messenger ^ was informed * .4.. . * > •? 

that I had taken an oath to fast daily and to ^ ^*T*r cr . - jrr ^ 

offer &*/<2f (prayers) (every night) all the aIL^ Ja j ^-4-^ ' Cf. ' <J*j?~ ' 
night throughout my life. (So Allah's 
Messenger £g came to me and asked 



^ * 1 a * 5 1 oil. ^ > 



whether it was correct). I replied, "Let my J>\ 4il J Sr^' : 

parents be sacrificed for you! I said so." The a , il. '1 > Vi . 't 

Prophet a said, "You will not be able to do ^ J J ^ 9 J ' 0j * 

that . So , fast for few days and give it up for a£U jlS : *J cJLdi . U JlIJ I 

few days, offer (prayer) and sleep. ^ "3 15 *f t 

Observe 5awm (fast) three days a month as * * ^ J * ■ 

the reward of good deeds is multiplied ten t^Jj j t^lail j ^-ii tiili ^ai-lj 

times and that will be equal to one year of * . . r fl ^ ,. . . > 

fasting." The Prophet said to me, " r- (^-? 

"Observe 5«wm (fast) one day and give up ji» till ij t L^Jttil 

fasting for two days." I replied, "I can do , | - .£ J| 

better than that." The Prophet m, said: ST* T - ^ 

"Then observe Sawn (fast) a day and give it U^j ^-ii" : J15 . tiili ^ J-^' 

up for a day and that is the Sawn (fast) of > , f * > ?2 ( , , M ?f 

Prophet Dawud (David) r ^Ui Up , and that is ST s ^ 



30 - THE BOOK OF AS-SAUM ?*al\ ^ r* 122 



the best Saum (fast)." I said, "I have the U}J ^s*» : Jli ^ J-^ 1 

strength to do better (more) than that." The ^> ^ > ^ W j^ 9 , . 

Prophet said , "There is no better (fasting) * f - ' ' 4 J 

than that." : cJU$ . «fUkJl Jiil yt>j £^lUl 



JUi tiiJi ^ c*^' t/i 



(57) CHAPTER. The right of the family tf>5aJI ^ JiSlI (° V > 



(wife) in observing As-Saum (the fast) . 



This is narrated by Abu Juhaifa from the 
Prophet jg. 

1977. Narrated 'Abdullah bin <Amr %\ : ^ ^ j^p l£U - HVV 

Ull^: The news of my observing Saum > . * , >t • * 

(fasting) daily and offering Salat (prayer) (~f' r' r ^ ^ 

ever/ night throughout the night reached the LU I ^ lIxJ 1 U j I % Uop caw 
Prophet ^ . So he sent for me , or I met him , . / j, , ^ . . . * - e . f 
and he M said, "I have been informed that i u ' " ' <- 
you observe Saum (fast) every day and offer 3§§ ^JJl ^JJ : Jj-£> ^ <>f J 

Salat (prayer) every night (all the night). -f 
Observe torn (fast) (for some days) and give *^ ^ST* 9 3 ^ V ^ 

it up (for some days), offer Salat (prayer) and ^Jl» : JUi l^j ^Jl J^ 1 ^ 
sleep for your eyes have a right on you , and ^ J j >^ ^ ^ > , ; <^°j 
your body and your family (your wife) have a * J ^ J e , ^ \ 

right on you." I replied, "I have more williliJ jU . j ^ij ^-2a* 
strength than that (for fasting)." The ^ « ^ ^ 

Prophet ^ said, "Then observe Sawm (fast) ' J , „ 

like the &/wm (fast) of (the Prophet) Dawud gjlS J*\ : Jli . «UL- JAJ^ 
(David) r ^LJi ^." I said, "How?" He ^ .^Z ' ^ .j u 
replied, "He used to observe Saum (fast) \ " " 

on alternate days, and he used not to flee on : JU • • «f 

meeting the enemy." I said, "From where ^ i ^ > >^ 

can I get that chance, O Allah's Prophet?" ^ ^ J ^ ^ 
['Atii said, "I do not know how the expression L oJl^j J ^ :JU . ^^J^i 

pf 'observe 5«wm (fast) daily throughout the »| \j ^Uap JU 

life' occured."] So, the Prophet jj£ said, ^ - 

twice, "Whoever observe Saum (fast) daily \» :$|| ^1 Jli ^Ja^l ^Uf 
hroughout his life is just as the one who does ^ « JlJV I " L*i? • ' ' 

not observe S«Mm (fast) at all." * sT^^ f ^ C 



30 - THE BOOK OF AS-SAUM j^all wltf - r« 123 



(58) CHAPTER. Saum (fasting) on alternate 
days. 

1978. Narrated Mujahid from 'Abdullah 
bin 'Amr Crf 'j : T ^ ie Pro P net M said 
(to 'Abdullah) , "Observe Saum (fast) three 
days a month." 'Abdullah said, (to the 
Prophet jgj), "I am able to observe Saum 
(fast) more than that ." They kept on arguing 
on this matter till the Prophet 3§ said, 
"Observe Saum (fast) on alternate days, 
and recite the whole Qur'an once a 
month." 'Abdullah said, "I can recite more 
(in a month) ," and the argument went on till 
the Prophet |g said, "Recite the whole 
Qur'an once in three days." (i.e., you must 
not recite the whole Qur'an in less than three 
days) . 

(59) CHAPTER. The Saum (fasting) of 
Dawud (David) f^LJl Up. 

1979. Narrated 'Abdullah bin 'Amr bin 
Al-'As & i : The Prophet £g said to 
me , "You observe Saum (fast) daily all the 
year and offer Salat (prayer) (every night) all 
the night?" I replied in the affirmative. The 
Prophet i| said, "If you keep on doing this, 
your eyes will become weak and your body 
will get tired. He who observes Saum (fast) 
all the year is as he who did not observe Saum 
(fast) at all . Observing Saum (fast) of three 
days (a month) will be equal to observing 
Saum (fast) of the whole year." I replied, "I 
have the strength for more than this." The 
Prophet ij| said, "Then observe Saum (fast) 
like the fasting of Dawud (David) fMJl 
who used to observe Saum (fast) on alternate 
days and would never flee from the battle 
field on meeting the enemy." 



,(£ jU^Jj f y. 

<Ii1 jlp tLuUJ lw :Jli 

Kyi I?* : Jli 

^kalj U^I ^-s^ }) : (J 15 ^Js- Jij Ui 

Ui <.'Js\ :Jli <.«^ 

.«4»^J :Jli [ JL*- Jlj 

[un -.^ij] 
f*ill 4jU SjIS ^ 4»L 

. 1* I > > " \.*\ . 

(j-J s — U>~L>- . 

fc^Ul ^fcJl 11 viJL-^ :Jli 

iLM» ^lil ^ Jli : Jli 

iili sllis 1^1 il!lM : Jli 

.^JwLll <J J t^J<Jl <J C*U>tA 

^yLi : oii t y&lll ^UJl 
: Jli . <iJJi> ^ jJ?! 



30 - THE BOOK OF AS-SAUM ytf - r* 



124 



^jjaj j\5 t^*>\JL)l <uIp Sjb 

[un AJV 

1980. Narrated 'Abdullah bin 'AmrJii ^ j-> , - 

l4^: Allah's Messenger was informed , \^jj>. * i L, j -H r Q 

about my Sawm (fasts) , and he came to me ' tf '"^"^ 

and! spread for him a leather cushion stuffed ^\ jp tjiiAJl jJU- ^p JlLp 
with palm fibre , but he sat on the ground and » ^ j >| *' M *JU ^*AS 

the cushion remained between me and him, * s^-^ ' • - 

and then he said , "Isn't it sufficient for you to ^ 1 5b 1 Jl^p ^^JLp dJL I ^ cJL>o 
observe &zwm (fast) three days a month?" I - 11£i ^ , * „ * f . r 

replied, "O Allah's Messenger! [I can ^ 9 ' ^-y 

observe Saum (fast) more]." He said, <J cJ^!^ l)^ ; t^J^ ^ 

"Five?" I replied, "O Allah's Messenger! [I „ r . r " , . „ ,f 

can observe Saum (fast) more]." He said, ^ ' ^ \ , 

"Seven?" I replied, "O Allah's Messenger! [I JZ % sSL^I ojU>j c^jNl JIp 

can observe 5owm (fast) more]." He said, *, > B , ? - tl- r >^ 

"Nine (days per month)?" I replied, "O ^ , * >* - 

Allah's Messenger! [I can observe Saum L : cJli :J15 

(fast) more]" He said, "Eleven (days per L . jJJ (( ^ )} .'^ ^ j*- 

month)?" And then the Prophet said, - ' 

"There is no Saum (fast) superior to that of L : ciS <. «Up» : J 15 J jLj 

the Prophet Dawud (David) r ^Ui Up ; it was . * °> * . _ tt <-.... : . 

for half of the year. So, observe Saum (fast) ^ ' 

on alternate days." p . «S^p lS^I'* :JlS Jj^j 

[\^r^ i^-lj] ^Jaitj Ujl 

(60) CHAPTER. To observe Saum (fast) the «£>}U ^^Jl ^L-^ 4*1^ 
three days (preceding) the full moon night, - °^ 

i.e., 13th, 14th and the 15th of the lunar C J J 

months . 

1981. Narrated Abu Hurairah ilp iii i UjI^ : jj( - \^A^ 
My friend (the Prophet #|) advised me to f^s, >f , . . 
observe three things : S~ \ ^ ^ 

(1) to observe &*um (fast) three days S^y* ^1 jp <, jUip y\ 
eveiy (lunar) month ; 

(2) to perform a two Rak'a Duha prayer and 



30 - THE BOOK OF AS-SAUM j^aJI w tf - r • 



125 



o > - ' _ > - ^ 



(3) to perform the M/r prayer before J5 ^ ^Up ^ 

sleeping. ^ f . f . * r / ' 

[SeeH.1178]. ^ °^ ^ 

[UVA i^ij] .^uf M Jli 

(61) CHAPTER. Whoever visited some ^k* ^ L# jlj 

people and did not break his (optional) s > - . 

Saum (fast) with them. T**^ 

1982. Narrated Anas i£ ^.3: The <J^Jl ^> JU^J &0>- - ^AY 
Prophet sgg paid a visit to Umm Sulaim and # UJl ' 1 ' ' jJU- *JIS 
she placed before him dates and ghee . The " ^ - ^ ' ^ 
Prophet 3g said, "Replace the ghee and %\ ^J>j ^Jl ^p iJLii bJjb- 
dates in their respective containers for I am ~> A *\- > ?u 'i ' - . 
observing Sawm (fast)." Then he stood "v, ^ <ir 
somewhere in her house and offered an IjJL_p1» :<JU j j-H> llfli 
optional Sa/af (prayer) and then he invoked 
Allah to bless Umm Sulaim and her family. 
Then Umm Sulaim said, "O Allah's ^ <u>-U ^1 ^IS p . «^Li> 
Messenger! I have a special request ^ . r ? V, 
(today)." He said, "What is it?" She ^ ^^-f^ * ^ - 
replied, "(Please invoke for) your servant : ^Jli j»l cJUS c l$£> JjU j ^JLi. 
Anas." So, Allah's Messenger £g did not , ^ ' J J I 
leave anything good in this world or in the 1 <*&iy~ ^ o % t <a) „ 
Hereafter which he did not invoke (Allah to Ui tjjl dJLoU- :cJlS «?^& U» 
bestow) on me and said, "O Allah! Give him . ^ ^ ^ £j< 
(i.e., Anas) property and children and bless " ^' - - J ^ ^ 
him ."Thus I am one of the richest among the ^jLjj IjlSjj ^Sjjl ^i^ 1 ' : <J^ 
/Insar and my daughter Umaina told me that {.. . *f fl -r * >, 
when Al-Hajjaj came to Basrah, more than - < > ( - r:r ^ 

120 of my offspring had been buried. LJ r^ ^ ^ J^^J 

Jj j-^-j j-^^r ' ^^^^^ ^»-U^ 

^Ijl j^p <up JliI t^^j ^1 
t nrvA nrn tirrt : 

[nrA* 

(62) CHAPTER. Fasting the last days of the ^^lll ja ^^aJI 

1983. Narrated Tmran bin Husain ibi ^5 ^ * U^Jl UjJ^>- ^ ^AV 



30 - THE BOOK OF AS-SAUM fj*all y W f* 



126 



Uj^ that the Prophet ^ asked him (Tmran), . l)*>Lp If t ls±&* : 

or asked a man and Tmran was listening, "O £ • ' UcJi *\ 

Abu so-and so! Have you observed Saum ^ *^ ' ^ ^ ^ J C 

(fasts) in the last days of this month?" (The t^r>- ^ LJjU- ijjil* tlH 

narrator thought that he said, "the month of V . „ . . . , 

Ramadan"). The man replied, "No. O ^ ° ^ ^ & 

Allah's Messenger!" The Prophet ^ said to <u! 3|| J^lll js* ill I J>^fj 

him , "When you finish your Saum (fasts) (of > , > ' I > , y . \ % \ \ , 

Ramadan) observe S^um (fasts) for two days <- m ^ 

(inShawwal)." ^ ow> tj^i bt L» :Jl5A 

Through another series of narrators „ • 
Tmran said, "The Prophet jg said, "[Have 

you observed Sawwi (fasts)] in the last days of J j Ij N : J-^y I J 15 .J Ui* j 

Sha<ban?'" (1) . , r . r ff .r. .„ . . 

3 15 j jup jj! 3 15 .jLi^j 

^P J I ^jP J^P t jjOJi J^P t Co O 

.iSULi ^ ^» :^ $\ 

(63) CHAPTER. Observing Sawm (fast) on tiii^Jl ^ ^ 4»L CW) 

Friday . If someone gets up in the morning of • | Uj Li? " 6 S 

Friday and is observing the Saum (fasts) he 

should break it [if he did not observe &zum ^k^j 
the day before or does not intend to observe 
Saum (fasts) after it] . 

1984. Narrated Muhammad bin 'Abbad: I J* t^lp J>\ UjJL>- - S^M 



asked Jabir iiti j^fj, "Did the Prophet ^ 
forbid observing Saum (fasts) on Fridays?" 



He replied, "Yes." [Through other narrators :J15 ^ jJL*J> ^ '•^A <y. 

: 4&I j>^fj 



it is added, "If he intends to observe Saum , * > \( 

(fasts) only that day."] ' ^1 :cp 4BI l y > cJL- 



(1) (H.1983) The man whom the Prophet sg£ asked seemed to have had the habit of 
observing Saum (fast) on the last days of every month , but he did not carry on this habit 
in the month of Sha'ban, for Allah's Messenger had forbidden the Saum (fast) of the 
day preceding Ramadan immediately . In this narration the Prophet m orders the man to 
make up for the days of Sha'ban which he missed by observing Saum (fast) on some days 
in Shawwal, and that indicates that one should keep his habits of worshipping , and there 
is no harm if one observes Saum (fast) the last days of Sha'ban if it is his habit to Saum 
the last days of every month. (Fath Al-Bari ) 



30 - THE BOOK OF AS-SAUM 



127 



1985 . Narrated Abu Hurairah il* &i 



I 



heard the Prophet £H saying , "None of you 
should observe Saum (fast) on Friday unless 
he observes Saum (fast) a day before or after 



1986. Narrated Juwairiya bint Al-Harith 
&\ c?fJ : Th e Prophet visited her 
(Juwairiya) on a Friday and she was 
observing Saum (fast). He asked her, "Did 
you observed Saum (fast) yesterday?" She 
said, "No." He said, "Do you intend to 
observe Saum (fast) tomorrow?" She said, 
"No." He said, "Then break your Saum 
(fast)." 

Through another series of narrators , Abu 
Ayyub is reported to have said, "He ordered 
her and she broke her Saum (fast) 



(64) CHAPTER. Can one select some special 
days [for observing Saum (fast)]? 

1987. Narrated 'Alqama : I asked 'Aishah 
ibi : "Did Allah's Messenger^ use to 
do extra deeds of worship on some 
certain days?" She replied, "No, but his 
deeds were regular and constant. "Who 
amongst you can endure what Allah's 
Messenger used to endure?" 

[See Vol . 8 . Hadith No . 6461 , 6462 , and 
6466.] 



°. , > > , > .^tf „ A 



Caw . J U 41P <Ul J O^J jA 



M ^JbJ» : Jli cV :cJU «?^t 

:Jli «?ui- 

jJc>Jl ^ £lL>- Jlij . ^k&U» 
* t ' 2 f -"t • i - " ' 

(j | v — I jj I ^L)wL>- . oJ> Lis 
LJJb- l^Jl^ - HAV 



30 - THE BOOK OF AS-SAUM ytf r- 



128 



hill : ^|] .?jJ* 

(65) CHAPTER. Observing Saum (fast) on Sijp fj* f>i> 4^ 

the day of 'Arafah. 



1988. Narrated Umm Al-Fadl bint Al- LJjb- : Slli liSai - \ ^AA 
Harith : "While the people were with me on . . ... 

the day of 'Arafah they differed as to whether ^ * ^ lt or- - 

the Prophet ^ was observing &zwm (fast) or ^ I y* cs^ ^ ■ ^ ^ f*^ 

not ; some said that he was observing Sawra 
(fast) while others said that he was not 
obse* -ing Saum (fast). So, I sent to him a :< ^ L ^ji C?. &\ A* 

bowl full of milk while he was riding over his 
camel and he drank it." 



at Jy d ly 

1989. Narrated Maimuna L^^^y. The ^^^AJ LlijJ- - \ ^A^ 

people doubted whether the Prophet #| was f * | , ^ t _ » | - 

observing &zt/m (fast) on the day of 'Arafah J 4 ^T* J ^ 

or not , so I sent milk while he was standing at c j Jos> i : J li 1 ^llp 

'Arafat, he drank it and the people were . . cr e \ . . 



looking at him . 



(66) CHAPTER. Observing Saum (fast) on ^1 ^ ^ 

the first day of 'Eid-ul-Fitr . ' ' " 



30 - THE BOOK OF AS-SAUM wbf r- 



129 



1990. Narrated Abu 'Ubaid, the slave of ^ 4)1 xJ> - m • 
Ibn Azhar : I witnessed the 'Eid with 'Umar ^ . dJUL, L/ ' f ' «*lLi ' 
bin Al-Khattab 2p ibi ^5 who said, "Allah's ^ ^ ' ^ * ^"ji 
Messenger ^ has forbiden people to observe ji\ £s> ^\ ^p 

Saum (fast) on the day on which you break > - . . > ■ . . 

fasting (the Saum of Ramadan) and the day J CT 5^ 

on which you eat the meat of your sacrifices jlJL* :JUi <up <u1 ^-pj ^UaiJl 
(i.e., the first day of 'Eid-ul-Fitr and 'Eid-ul- , ■ . >, > . - : . . « - 

^ -5^ j?' 

1991. Narrated Abu Said ^ ill The llijL^- - 

Prophet forbade the Saum (fasting) of , > , . * , ;s . . . 

'Eid-uUFitr and 'Eid-ul-Adha (two feast days) ^ ' ^ J f ' ^ ' ^ * 

and also the wearing of As-Samma' (a single ,\p t^l ^p t >^>4 & 

garment covering the whole body), and , . % > . >« . . 

. , , j J/ \ . 4Ul J te Aj i <UP 4Ul .Vj 

sitting with one s legs drawn up while being " ^ ^ - 

wrapped in one garment . ji- j y^Jlj J&&\ ^yi ^y^> ji- 5lt 

1992. Abu Said added: He also forbade ^LjJl S*>U> ^p j - 

the (prayer) after the Fajr (early ' [oa*\ - | ] ° ;j j 

morning) and the *>l5r (afternoon) ' J ' 

(prayers) . 

(67) CHAPTER. Observing Saum (fast) on ^ 4>b (IV) 

the day of Nahr (i.e., first day of 'Eid-ul- 

Adha). 

1993. Narrated Abu Hurairah & &i : ^ ^-^1^1 llil^- - H^t 
Two Saum (fasts) and two kinds of sale are , . i f. - > 
forbidden : observing Saum (fast) on the day ^f' r * ' I 

of 'Eid-ul-Fitr and 'Eid-ul-Adha and the kinds tjLji ^ j j^p s^^ 3 "' '^^ 2^^" 
of sale called Mulamasa and Munabadha. 
(These two kinds of sale used to be practised 



:JU ^L^o ^Uap jp 



30 - THE BOOK OF AS-SAUM 



130 



in the days of Pre-Islamic Period of 
Ignorance ; Muldmasa means when you 
touch, something displayed for sale you have 
to buy it ; Munabadha means when the seller 
throws something to you , you have to buy it .) 

1994. Narrated Ziyad bin Jubair : A man 
went to Ibn 'Umar &i Csf 'j anc * sa ^> "A 
man vowed to observe Saum (fast) one day 
(the subnarrator thinks that he said that the 
day was Monday) , and that day happened to 
be 'Eid day." Ibn 'Umar said, "Allah orders 
vows to be fulfilled and the Prophet if| 
forbade Saum on this day (i.e., 'Eid)." 



1995. Narrated Abu Said Al-Khudrl ^ 
%\ (who fought in twelve Ghazawat in the 
company of the Prophet ^). I heard four 
things from the Prophet ^ and they won my 
admiration . He g| said : 

1 . "No lady should travel on a journey of 
two days except with her husband or a Dhi- 
Mahram ; 

2. "No Saum (fasting) is permissible on 
the two days of 'Eid-ul-Fitr and 'Eid-ul-Adha ; 

3. "No Salat (prayer) (may be offered) 
after the morning (compulsory) Salat* 
(prayer) until the sun rises; and no Salat 
(prayer) after the 'Asr prayer till the sun sets ; 

4. "One should travel only for visiting 
three Masajid (mosques) : Masjid-al-Haram 
(Makkah), Masjid-al-Aqsa (Jerusalem), and 
this (my) mosque (at Al-Madlna)." 



<CP 4)1 ^fj Ojijt ^1 tf> ^jJ^j 

1 U \ \ j \jui Lj jl>- ; (^^oJ I 

L 4^ ^ ^ o^ 1 J! J^j 

l U jj ^j-s^aj j I jJo ; Jj>- j J las 
iJUi jilji : Jli iutf : Jli 

^ ^ ^ 

jlp lJ jl>- : iJLi li jl>- : J IgX* 

^jJUkJl LI cJLw :Jli 

*\ '*\ * • - . 'it- • • t' i ' 



30 - THE BOOK OF AS-SAUM j^all v ttf - f 



131 



(68) CHAPTER. Observing Saum (fast) on Jj^illl (AA) 
rosAri? days (11th, 12th and 13th of Dhul- ' % - 

Hijjah). 

1996. Narrated Yahya : Hisham said, "My J 15 ;&\ jlp y \ J 15 - mn 
father said that 'Aishah i£p fti ^3 used to . , ^ > > tf „ , 
observe Sawm (fast) on the days of Mina." ^ ^ 
His (i.e., Hisham's) father also used to cJlS" ^Sr^' : <-^ 3^ 
observe Saum on those days. * „ s £ "*> ^ * „ > „ 

1997, 1998. Narrated 'Aishah and Ibn iUJ l£U - mA * mv 

'Umar pjlp &\ ^j»y Nobody was allowed to r \ ^ '* ^ * 

observe Sawm (fast) on the days of Tashriq ''^ J ^ L ^ : ^ 0* 

except those who could not afford the Hady t <>j &\ ^ c^.^ 

(animals for sacrifice) . ' - ' ■ » - * . * 

fc <^ Ip ^ (, 5jy> jp fc ^ y& I 

" " ** 

1999. Narrated Ibn 'Umar up fti ^y ^ &\ xJ. llil^- - 
Observing Saum (fast) for those who perform „ + i • - f " ■ 5 > 
Hajj-at-Tamattu l (in lieu of the Hady which <>* ^ : ^-^1 
they cannot afford) may be performed up to ^ (J L- ^ iu 
the day of 'Arafah. And if one does not get a 

Hady and has not observed Saum (fast) ^ ^ ^ J ^ ^ 
(before the 'Eid) then one should observe S^IiJlj £^ i^! fW^' : <J^ 

Sawm (fast) during the days of Mina (11th, . \ . . • . B . , * . . 

12th and 13th of Dhul-Hijjah). ^ r J ; 

■ 

(69) CHAPTER. Observing Saum (fast) on plj^iu ^ ^ sl»L (\\) 
the day of 'Ashura 9 (tenth of Muharram) . 

2000. Narrated Salim's father ilp iii ^5 : t ^> Ip ^1 - Y » * » 
The Prophet sgg said, "Whoever wishes may 



30 - THE BOOK OF AS-SAUM t-itf - r • 



132 



observe Saum (fast) on the day of 'Ashura' ." ol t|jL» ^p tJj»A« ^ 

^ ^ill JU :JU i& ^1 ^.j 

2001. Narrated 'Aishah Lj_U ibi ^j: cjLJl - 

Allah's Messenger s|| ordered (the . ^ * .in . ^._!_»A U' M 

Muslims) to observe Saum (fast) on the day " j ^ V?** - 

of 'As/zwra', and when fasting in the month of LIjIp jl oj^P cyjr 3 "' 

Ramadan was prescribed, it became optional ^ . >, >^ t,^ o ^ , - ( - - i 

for one to observe Saum (fast) on that day ' ^ - ' 

('Ashum') or not. Uli *\jjJ>[& f 5|t 

j»Ls2? ^ jlS" jL^«j 

ho<U :^r\j\ *U 

2002. Narrated ' Aishah Ljl* ft I ^ 4jI JlLp lill^ - Y**Y 
Quraish used to observe Saum (fast) on the . ^ „ . iltl • ^ c . r . ^ 
day of Ashura' in the Pre-Islamic Ignorance \f- \ ' ^ * y 

Period, and Allah's Messenger j|| too, used <>f j «-^Lp ^ ^ ^ <- 

to observe Saum (fast) on that day. When he *. c . • n- ^ i 

came to Al-Madina , he observed Saum (fast) J ~ \ ^ > 

on that day and ordered others to observe O \£j t £l* UJ I ^ ^ 

Saum (fast) , too . Later when the fasting of „■&. .... . » > * ~\ \ 

the month of Ramadan was prescribed, he ' y' \ ~ ' 

gave up fasting on the day of 'Ashura' and . ^ilj -UL^? O-UJI ^Ji uli 

became optional for one to observe Saum , a , u , ; * . - ^ ^ . > , s r r 

(fast) on it or to leave its fasting. j- / 

2003. Narrated Humaid bin 'Abdur- ^> 4j! ilp - t»«V 
Rahman that he heard Mu'awTya bin Abi , A . , e . 
Sufyan ^ul on the day of Ashura ; ^ V ' ^ 

during the year he performed the Hajj , saying : Jup J^l^ ^p 

on the pulpit, "O the people of Al-Madina! K . . /■: , f ' . . > 

*0i! V^J l)u^ -) ! -jj 4_j * uuj 
Where are your religious scholars? I heard " ^* 

Allah's Messenger £g saying, This is the day ^JS ^Ip ^IjjJ-Ip ^ 

of 'Ay/iwra' . Allah has not enjoined its Saum < ... 

(fast) on you but I am fasting it . You have the 

choice either to observe Saum (fast) or not to 

obsei^ve Saum (fast) (on this day) .' " 



% 4)1 J j-ij 




30 - THE BOOK OF AS-SAUM j»j*a)l wjtf - V> 



133 



2004. Narrated Ibn 'Abbas &i loJb- : ^JU - Y • • t 

The Prophet M came to Al-Madlna and saw . . ' . af , : fi , . t( 

the Jews observing fast on the day of lt . ^ - v jr 

Ashiira 1 . He asked them about that. They je> to! ji- t^J^r ^ <ul 

replied, "This is a good day, the day on which ,T ; , , ./„ 

Allah rescued Bam Israel from their enemy . \ " ^ ^ * ' * 

So, Musa (Moses) on this day." The Prophet ^ jjaj 3^31 (jiy ^ ^IJl 

#1 said, "We have more claim over Musa , ai ", , - n- r > ^ 
than you." So, the Prophet ^ observed ~ r- 7 * 

Sawm (fast) on that day and ordered (the 4»l ^ IJla t^JU? ^ IJla 

Muslims) to observe Saum (fast) (on that , r » * > ^ <» 'l i'm 

[svtv .HA- t r<ur t mv 



2005 . Narrated Abu Musa & fti : The Jup ^ *^Z> - Y • • o 
day of Ashura' was considered as '£/<i day by f e . " , ? n , * , 
the Jews. So the Prophet #| ordered, "I ^ ^ r ' 
recommend you (Muslims) to observe Saum j& t < J^J> y\ (J Jjs ^ <• L /4*^ 
(fast) on this day." „ , * f ' . 

2006. Narrated Ibn 'Abbas : I ^ -il jlIp - Y * * *l 
never saw the Prophet $j& seeking to observe . . e .> e , ^> . . > 
5awm (fast) on a day more (preferable to " — ~u-.lt ^ j- 
him) than this day, the day of 'Ashura 9 , or ^J? j jj! j^p (.JbjJ ^ 
this month, i.e., the month of Ramadan Z 1 -* 



(1) (H.2006) This is only the opinion of Ibn 'Abbas fti ^5 which might differ from 
what other people think, for in a narration reported by Qatada from the Prophet ^, it is 
mentioned that Saum (fasting) on the day of Arafah expiates the sins of two years , while 
observing Saum (fast) on the day of Ashiira' expiates the sins of only one year. This 
indicates that observing Saum (fast) on the day of Arafah is superior to that of 
'Ashiira' . 



30 - THE BOOK OF AS-SAUM j^aM ^tf r- 



134 



2007 . Narrated Salama bin Al-Akwa' ^ £JL«J \ - T * * V 

*Ip Sii : The Prophet £g ordered a man from , . ^> | > ^ , - ' \'°\ 

the tribe of Bam Aslam to announce amongst (j£ Cf- -ji * f& 

the people that whoever had eaten should i<up <3bl <^^j £3^' tlH 

observe Sawn (fast) the rest of the day, and "A^A ^ 

whoever had not eaten should continue his \ * ^ ' ^ ^ ^ ****** 

Sawn (fast), as that day was the day of J51 olS" *Ja ol :^-»uJl ^ oil 8 ol 



31 - THE BOOK OF TARAWlH PRAYERS Qt)\ jdl oiU ytf - n 135 



31 - THE BOOK OF TARAWIH 
PRAYERS 
[Nawdfil Prayers at night in Ramadan] . 

(1) CHAPTER, The superiority of praying 
(Nawafil) at night in Ramadan . 

2008 . Narrated Abu Hurairah JIp ft I ^ j : I 
heard Allah's Messenger #| saying regarding 
Ramadan, "Whoever performed Salat 
(prayers) at night in it (the month of 
Ramadan) with sincere faith and hoping for 
a reward from Allah , then all his past sins will 
be forgiven." 



2009. Narrated Abu Hurairah & fti : 
Allah's Messenger jg| said, "Whoever 
performed Salat (prayers) at night in the 
month of Ramadan with sincere faith and 
hoping for a reward from Allah, then all his 
past sins will be forgiven." Ibn Shihab (a 
subnarrator) said, "Allah's Messenger 2jg 
died and the people continued observing 
that (i .e . , Nawafil offered individually , not in 
congregation), and it remained as it was, 
during the caliphate of Abu Bakr and in the 
early days of 'Umar's caliphate ." 



2010. Narrated Ibn Shihab: Abdur 
Rahman bin 'Abdul Qari said, "I went out 
in the company of 'Umar bin Al-Khattab one 
night in Ramadan to the mosque and found 
the people performing Salat (prayers) in 
different groups. A man performing Salat 
(prayers) alone, or a man performing Salat 
(prayers) with a little group behind him . So , 



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aIIj i^p iiji ^y^j ^UaiJi ^ yie> 



31 - THE BOOK OF TARAWIH PRAYERS gyljtfl SM* ulsS" X\ 



136 



'Umar said, 'In my opinion I would better 4~JLj J>-^Jl ^^L^e toyyaii 

collec t these (people) under the leadership of ^ J_^S > L>- S J 1 . 1 * 

one Qan (reciter) [i.e., let them perform - % ^ , 

(prayers) in congregation!]'. So, he ^jl ^1 : jIp J Us tJii^l 

made up his mind and he congregated them ' |£j * y i£ 1 cJUj>- 

behind Ubai bin Ka'b . Then on another night ° 'y 3 ¥ -i ^ * 

I went again in his company and the people ^ fj\ J£ ^Jp ^ t c p* 

were performing (prayers) behind their " , • j ^ >~ > . . - s J 
reciter. On that, 'Umar remarked, 'What an " ^ 

excellent BfJ'a (i.e., innovation in religion) J 15 t^jjl5 5%i» Oji^ ^LJ'j 

this is ; but the (prayers) which they do - > . . . 2 . ° . . . > , > 

not perform, and sleep at its time is superior - ^ " tf ; , ^ 

than the one they are performing now.' He -b^j tdyyi ^Jl ^ 

meant the Salat (prayers) in the last part of c > > . r 

the right. (In those days) people used to ^ - w u- 

perform Salat (prayers) in the early part of . «u j 1 

the night." 

2011. Narrated 'Aishah \fr fti ^j, the : Jli JupU~J - Y * U 
wife of the Prophet M : Allah's Messenger #| . . , . . ^ ? , t , ; * 
used to perform Sa/af (prayer) (at night) in ^ ; ^ ST ^ ^ 
Ramadan. Jul j^fO ^iolp ^p t Sj^p 

<ul Jjh^j 'J\ :#| ij^l jrjj 
[VY^ 

2012. Narrated 'Urwa that he was ^ ~ Y * \ Y 
informed by 'Aishah i^l* &i "Allah's „ . , * -SsJ 
Messenger |g went out in the middle of the 4 ^ C ; * 
night and performed Salat (prayer) in the j! : Sj^i- ^J^jil :^Lg-^ ^jl 
mosque and some men performed Salat *\ •? = . ^ , 

(prayer) behind him. In the morning, the _ " 

people spoke about it and then a large ^yr J? ^ ^ 5^ ^ <J j 

number of them gathered and performed j^J^Ji ' llLl 

(prayer) behind him (on the second ^r^^ - ■„ <^ t-r^ 23 

night) . In the next morning the people again ^ LiJ 1 *- u j 

talked about it and on the third night the a >= >^ lj | 

mosque was full with a large number of ^ tf 

people . Allah's Messenger jjH came out and I y Ji>u5 ^ u I U . Aii \^L^ 

the people performed ^(prayer) behind ^ >rf ^ 

him . On the fourth night the mosque was ' ' " ' ^ " *- lt ^- 



31 - THE BOOK OF TARAWIH PRAYERS I >JI o^L? wtf H 



137 



overwhelmed with people and could not . j^JUki <u! J jJ- j <r>*** 

accomodate them, but the Prophet |g came . . . i - % t , ir.fi, c,^ .srr 

out (only) for the morning Sa/af (prayer) ^ - ^ - 

When the morning 5a/<5f (prayer) was St^LiJ JL>- <iif 

finished, he recited Tashah-hud and ^| ^ , , ^ ^ 

(addressing the people) said, "Ammd ^ ^* 

ba'du, your presence was not hidden from <.jJC Ch :J15 p . JL^J& ^Ul 

me but I was afraid lest the night Saldt Vi .t- -.. s - m 

(prayer) should be enjoined on you and you ' - - ~ ^ 

might not be able to carry it on." So, Allah's I jy>*& ^JQ* <j^S^ ' c^,nU 

Messenger died and the situation ^ A >. >. ?>>r .... 

remained like that (i.e., people offered the ^ J ^ ^ J ^ J * * 

night prayers individually)." [VY^ . ^JUi l5 1p 

2013. Narrated Abu Salama bin 'Abdur : J IS J^pU^-I l^Jl*- - Y • \ Y 

Rahman that he asked 'Aishah \£i> fti * >j.. . „ . j... 

"How was the Sato (prayer) of Allah's ^^ J1 ^ a* ^> 

Messenger j|g in Ramadan?" She replied, <u! 0"*^v" ^ ^) J* 



^ £S <fci Jj-^-j 



"He did not perform Sa/af (prayer) more 
than eleven Rak'd in Ramadan or in any 

other month . He used to perform four Rak'd ^ ^ J jJ* j e *>Li? oJ 15 
- let alone their beauty and length - and then 
he would perform four Rak'd - let alone their 

beauty and length - and then he would t£J&-\ <JLp o^p ^ oUaij 

perform three Rak'd (Witr)" She added, "I y^j' £ . • . 

asked, 'O Allah's Messenger! Do you sleep ^ ^ J c J °- r ^ 

before praying the WxtrT he replied, 'O { J^H ^ '04^*-* drfr^" (Lr* 

'Aishah! My eyes sleep but my heart does I . > * *\\ * - \y ' \ "\ 

not sleep." Cr+±~^ j-* o\ — " *J L^j! 

:Jli Jc^ Jj-^j 

[Uiv 



32 - THE BOOK OF SUPERIORITY OF THE NIGHT OF QADR jJAll iU Jii wtf - ff 



138 



32 -THE BOOK OF SUPERIORITY OF jJUli jjafc - ft 

THE NIGHT OF QADR 

(1) CHAPTER. The superiority of the night t jj&l SD Ju^i uL ( \ ) 

of Qadr. . -p.v n : , V 

And Allah JU; said; "Verily! We have f ^ U l* ' ^ ^ 

sent it (this Qur'an) down in the night of Al- %J U Zj 
Qadr (Decree). And what will make you 

know what the night of Qadr is " 



till the end of the Surah. (V .97:1,2) jT^Jl ^ 015 U : £~p ^1 J 15 

2014. Narrated Abu Hurairah ^ ftt ^3 : jup ^^Lp l^JL^- - Y « \ i 
The Prophet £gg said, "Whoever observed 'Q^. " J|j ' iJ_', l^j^>- 
Saum (fast) in the month of Ramadan with ' " d - 

sincere faith (i.e., belief) and hoping for a ^1 ^p lj* 
reward from Allah , then all his past sins will 
be forgiven , and whoever stood for the Salat 



: 4H 



(prayers) in the night of Qadr with sincere jLiij ^L^ ^ : Jli #| ^Ul 
faith and hoping for a reward from Allah, U iJ LL«i^l" UUjI 

then all his past sins will be forgiven." ^ f • " ^ 

. «*UO ^ j»JLAj U 4J ^4P LjL*I?-Ij 

(2) CHAPTER. To look for the night of Qadr J j£j ^Ldl < Y) 

in the last seven nights (of Ramadan) . * " a s 

- YOo 



2015. Narrated Ibn 'Umar u£p fti ^ 4)1 jup IISjl^. - y > \ o 

Some men amongst the companions of the 
Prophet were shown in their dreams that 
the night of Qadr was in the last seven nights ^U-j <L)I : <3bl Cs**J J** Lf^ 

of Ramadan. Allah's Messenger said, "It 
seems that all your dreams agree that (the 



^ L?J' 3i§ t*?r^ »--»L>w?i j^? 



night of Qadr) is in the last seven nights, and -j>r\j^\ ^LiJl ^ >UJl 

whoever wants to search for it (i.e., the night . > % , ;t " > ^ ^ - 

of gfl^r) should search in the last seven f 51 ^ ^ ^ J -^ J JU * 

(nights of Ramadan)." 4 ^-IjVl ^iJl ^ olUlj: 



32 -THE BOOK OF SUPERIORITY OF THE NIGHT OF QADR jjfil AJ jii ytf - TT 



139 



2016. Narrated Aba Salama: I asked Abu IaJL^J ^ ibJ l&U - Y»H 
Sa'id Hp itiu i - and he was a friend of mine f • ' - • - * xX 6 
-(about the night of Qadr) and he said, "We ^ ^ " ^ 'f - 

practised rri/cfl/ (seclusion in the mosque) in ^ jlSj Ju*-^ LI cJU- :Jli ^uli 
the middle third of the month of Ramadan ^ " JUi LL ' 

with the Prophet In the morning of the ^ ^ ' ^ 

20th of Ramadan, the Prophet ^ came and c ^ ly> Ja^-jV I 

addressed us and said, 'I was informed of 
(the date of the night of Qadr) but I was 
caused to forget it (or I forgot) ; so , search 
for it in the odd nights of the last ten nights of 
the month of Ramadan . (In the dream) I saw 
myself prostrating in mud and water (as a 
sign) . So , whoever was in Ftikaf with me 
should return to it (for another 10 days 
period)' , and we returned . At that time there 
was no sign of clouds in the sky, but suddenly 
a cloud came and it rained till rain-water 
started leaking through the roof of the 
mosque which was made of date-palm leaf 
stalks. Then the Salat (prayer) was 
established and I saw Allah's Messenger ^ 
prostrating in mud and water and I saw the 
traces of mud on his forehead." 



(3) CHAPTER, To search for the night of 
Qadr in the odd nights of the last ten nights 
(of Ramadan) . 

This narration has come from 'Ubada (bin 
As-Samit) on the authority of the Prophet . 

2017. Narrated 'Aishah Lj-U fti ^y. : Juy ^ ZJ* u$0*- - Y«W 
Allah's Messenger ^ said, "Search for the >\ . ;« . > *, 

night of Qadr in the odd nights of the last ten ^ i ' ^ 

nights of Ramadan CffJ ^ if c ^ ' If c 




jJjiJl j; j}\ ^ jAiJI ill! Ijy^ 



32 - THE BOOK OF SUPERIORITY OF THE NIGHT OF QADR jjfll AJ Jjai wtf - TT 



140 



2018. Narrated Abu Said Al-Khudri ^ j> l^oi - Y A 

illp fti : Allah's Messenger |g used to practise . ^ | ' | • J Li 

J'ft'ta/ (in the mosque) in the middle third of f ^ ^ ^ s^^" 

Ramadan, and after passing the twenty JlL^ tJbjJ 'l^jjO^J 

nights he used to go back to his house on \ * - --f- - 

the 21st, and the people who were in I'tikaf ^ ^ ' ^ ^ ' ^ 

with him also used to go back to their houses . : J I* ks- 4j I j ^ j jj-J 



Once in Ramadan , in which he practised - > \ > * \ \ > ' ' \* 

I'tikaf, he established the night Salat oL ~ J « J f J ^ 

(prayers) at the night in which he used to li^i t ^lil JaJ-j ^ ^Jl jL*.\ \ 

return home , and then he addressed the ^ / • \> „ - 

people and ordered them whatever Allah ** ^ l>v'-*-- 

wished him to order and said, "I used to jij^fj cS^I t^f^ 

practise I'tikaf for these ten days (i.e., the > ^> -f^, ' ^^j^ \\ 

middle l/3rd) but now I intend to stay in J - * - J ^ £/" JJ / 

I'tikaf for the last ten days (of the month) ; so jj L>- ^4-* t_5* f ^ ' ^ L? • 

whoever was in I'tikaf "with me should stay at , K r , * > t ,^ ?, ;r.f » , 

his place of seclusion. Verily, I have been • ^ ST^ 

shown (the date of) this night (of Qadr) but I : J IS p ib 1 * Li U \i U I 

have forgotten it . So , search for it in the odd ^ • ^ . . . > . f > 

nights of the last ten days (of this month). I JT J " \ 

also saw myself (in the dream) prostrating in fc^>-ljSM ^JL*Jl ol* jjU-l jl J 

mud and water On the night of the 21st (of . ^]r\\ - 

Ramadan) , the sky was overcast with clouds ^ ; - < -^ A . ° ^ 



and it rained, and the rain-water started p illjJl oIa OjjI JLi j <.<&Jd 

leaking through the roof of the mosque at the • \ "^\ JjJ \ ^ , > ; | 

Musalla (praying place) of the Prophet 3g . I C ^ < ^ ^vv" J 

saw with my own eyes the Prophet ijg at the ^^fj *. Jj ^ I* ^i£*l j 

completion of the morning Salat leaving with , " . >>.f 

his face covered with mud and water. ' ^ ^ " - 

[See H. No. 2027]. c/^ti ^Ul iiL; ^ JUlJl 

. £ Uj lJp ^4^"-?-? C^*^ ' tl^ 
[ill i^lj] 



32 - THE BOOK OF SUPERIORITY OF THE NIGHT OF QADR jaiil &f jjai y fcf -ft 



141 



2019. Narrated 'Aishah &i : The jjjj li&U-j - 

Prophet ^ said, "Look for (the night of 
Qadr)r 



:JLi #§ ^sJ\ ^ L^U iiil 

2020. Narrated 'Aishah L«_U fti ^^-1 : JU^J Jtt^J - Y*Y» 
Allah's Messenger used to practise Vtikaf t , . - „ , / e ^ ^ 9 ^ 

in the last ten nights of Ramadan and used to 4 ^ ^ 4 ^ f " ^ 6 ■ 

say, "Look for the night of Qadr in the last 5b I J jl5 : cJl5 t ilulp ^p 



ten nights of the month of Ramadan." 



2021. Narrated Ibn 'Abbas Uji* tti CrfJ : tlH cs-^J-* ^■"^ ~ T * Y > 
The Prophet #f said, "Look for the night of 
Qadr in the last ten nights of Ramadan ; on 



the night when nine or seven or five nights v^p tii^ ^p 

remain out of the last ten nights of Ramadan * „ V * | ^ ^ . 

[i.e., 21, 23, 25, (27, 29) respectively]."' : JU » H>T ^ : ^ 481 <>f J 

[Y • YY : 

2022. Narrated Ibn 'Abbas u*!* fti ^1 ^ JLp l^JL>- - Y * YY 
Allah's Messenger ^ said, "The night of -j^TJl x£ 1^1^ • ^ °Vl 

Qadr is in the last ten nights of the month * ' ' ^ * ^ * 

(Ramadan) , either in the first nine or in the : ^ 15 ^ ^xp j jJjr*? ^ I ^ t ^0 Ip 
last (remaining) seven nights (of Ramadan)." K * / > 

Ibn 'Abbas added, "Search for it on the if J ^ ^1 Jb 

twenty-fourth (of Ramadan) ." ^L*Jl ^ : ^ 43b 1 J jj-j 



32 - THE BOOK OF SUPERIORITY OF THE NIGHT OF QADR jjuBI SU ^ utf - ft 



142 



(4) CHAPTER. The knowing (knowledge) of jJ2i\ Vti £j il>L (t) 
the night of Qadr was taken away because of ^ ^ 
the quarrelling of the people. ^ - 

2023. Narrated 'Ubada bin As-Samit: The j_> jlL^J - Y • YV 
Prophet M came out to inform us about the , * . , > > . . , r« . , 
night of gflrfr but two Muslims were ' - / 

quarrelling with each other. So, the <>SLp t ^-vJ 1 LjJl>- : Ju^>- LuJb- 

Prophet £g said, "I came out to inform you ^ > f. ^ . - . . fi 

about the night of Qadr but such and such " J (l^ ' 

persons were quarrelling, so the news about 0*^rj c jJLiJl iilL ^^>4! 

it had been taken away ; yet that might be for > . , - - t . . r . , . > , . ' 

your own good, so search for it on the 29th, * ^ ^ ' " 

27th and 25th (nights of Ramadan). o!Ai jjiJl iilL ^jj^-^ 

* ^ - >^ 8 * ^ >- * > 

\ jJ~ dj& d\ ^-^J o!Aij 

(5) CHAPTER. The doing of good deeds in >>-tjVl ysjJl ^ JUJI (•) 
the last ten days of Ramadan . ' ' " - , - „ 

2024. Narrated 'Aishah ij!p 3ai ^5: With Ju^ ^ ^ liJai - Y • Y i 
the start ofthe last ten days of Ramadan, the f . ^ > . ■ I s 
Prophet g| used to tighten his waist belt (i.e., ^ u~ ^ <*r- 

work hard) and used to keep awake all the jj> t^^^kJi jj> t jjJ-v> 

night and perform Salat (prayer) and also . K , , . „ - - > . ^ 

used to keep his family awake for the Salat ^ ' ^ 

(prayer). ^LUl J^S li] ^ ^Jl il5 :cJli 



33 - THE BOOK OF VTIKAF 



143 



33 - THE BOOK OF VTIKAF 
[i.e., to confine oneself in a mosque 
for Saldt (prayers) and invocations leaving 
the worldy activities for a limited 
number of days] . 

(1) CHAPTER. The Itikdf in the last ten 
days of Ramadan. And Vtikaf may be 
practised in any mosque, as is evident in 
the Statement of Allah JU; : " . . . And do not 
have sexual relations with them (your 
wives); while you are in Vtikaf [i.e., 
confining oneself in a mosque for Saldt 
(prayers) and invocations leaving the 
worldly activities for a limited number of 
days] in the mosques. These are the limits 
(set) by Allah ; so approach them not . Thus 
does Allah make clear His Ayat (proofs, 
evidences , verses , lessons , signs , 
revelations, laws, legal and illegal things 
Allah's set limits , orders) , to mankind that 
they may become Al-Muttaqun (the pious) ." 
(V .2:187) 

2025. Narrated 'Abdullah bin 'Umar ^j>j 
L j-P fti: Allah's Messenger g| used to 
practise Vtikaf in the last ten days of the 
month of Ramadan . 



2026. Narrated 'Aishah if* ft l the 
wife of the Prophet £g : The Prophet ^ used 
to practise Vtikaf in the last ten days of 
Ramadan till he died and then his wives used 
to practise Vtikaf after him . 



^J£_ 

.[\AV 



jtS" :Jli dr^J tlrt 



J IS H &\ M :i§ ^31 ^jj 



33 - THE BOOK OF I'TIKAF 



144 



r * " • > ° ' ' * * 

o^Uli . « y j J5 ^ La jJLg.T.l 1 j 

ijJ^JI cinii ill; 



2027. Narrated Abu Sa'Td Al-Khudri ^3 
JIp fti : Allah's Messenger |g used to practise 
/ftta/ in the middle ten days of Ramadan ; 

once he stayed in Vtikaf till the night of 
the twenty-first and it was the night in the 
morning of which he used to come out of his 
Vtikaf. The Prophet ijg said, "Whoever was 
in Vtikaf with me should stay in Vtikaf 'for the 
last ten days , for I was informed (of the date) 
of the Night (of Qadr) but I have been caused 
to forget it. (In the dream) I saw myself 
prostrating in mud and water in the morning 
of that night . So , look for it in the last ten 
night s and in the odd ones of them It rained 
that night (i .e . the 21st of Ramadan) and the 
roof of the mosque dribbled as it was made of 
leaf stalks of date-palms . I saw with my own 
eyes the marks of mud and water on the 
forehead of the Prophet ^g, i.e., in the 
morning of the twenty-first (of Ramadan) . 



(2) CHAPTER. A menstruating woman is 
permitted to comb the hair of a Mutakif 
(i.e. , a man in I'tikaf) . 

2028. Narrated 'Aishah \& %\ The 
Prophet used to (put) bend his head (out) 
to me while he was in Vtikaf in the mosque 
during my monthly periods and I would comb 
and oil his hair . 



33 - THE BOOK OF I'TIKAF uitfccVI UtS - TT 



145 



(3) CHAPTER. (AMuiakif is not (allowed) SfUi VI V V*"! (r) 

to enter the house except for a need . 



2029. Narrated 'Aishah \& &i ^j, the &!>■ : £3 UjJL>- - Y • Y^ 
wife of the Prophet ^ : Allah's Messenger £g ; „ > . ^ „ 

used to let his head in (the house) while he ° Jj * ^ 4 ^ ^ 4 - 

was in the mosque and I would comb and oil a^jIp jl i^v^U-^Jl JlIp cJL VJ** j 
his hair . When in I'tikaf he used not to enter . ? . . ^, " * . 

the house except for a need/ 1 ) 1 ^ * s?T ^ ^ ^ 

M & &j h\s or? 
t Y»n t Y«rr : ^i] .L&j-Ai Sis' 

(4) CHAPTER. The taking of a bath by a <J&&\ Jl* i^L (O 

MwW * - ^ jLU; Hil^'- yV* 

2030. Narrated 'Aishah <u\ ^j>j : The ^ 

Prophet jgg used to embrace me during my t j j-*^-* *- Lii» U5 Jb>- : Ji.^ 

menses. c - . , . „ , £, „ , „ 

<u!51p o^**VI t^l ^1 JJ^ 

5§ ^lil Sis' :cJli l# 2b I 

2031. 'Aishah added : He 3§ also used to aL\j ~ Y * V \ 
put his head out of the mosque while he was . . f > . f f . ' * . ^ • > ^ » , u 
in I tikdf, and I would wash it during my ' ' ^ ' - 
menses. [Y<\o -cr^^ 

(5) CHAPTER. The Itikdf at night (only). SCJ oI&pVI 4*L (o) 

2032. Narrated Ibn 'Umar %\ ^j>y. ^^>- : SllJ l^JL>- - Y »VY 
'Umar il* <ti ^3 asked the Prophet jg, "I . ^ - » - ^ ^ 
vowed in the Pre-Islamic Period of Ignorance 



(1) (H.2029) Such need may be to answer the call of nature and performing ablution. 
Scholars differ as to whether it is permissible also for a Mu 'takif to eat or drink outside 
the mosque . (Fath Al-Bari) 



33 - THE BOOK OF VTIKAF 



146 



to stay in Vtikaf for one night in Al-Masjid-al- 
Haram." The Prophet said to him, "Fulfil 
your vow." 



(6) CHAPTER. Women's IHkaf. (A woman 
cannot practise Vtikaf except with the 
permission of her husband) . 

2033 . Narrated 'Amra : 'Aishah £p <i>i 
said, "The Prophet used to practise Vtikaf 
in the last ten days of Ramadan and I used to 
pitch a tent for him , and after performing the 
morning Saldt (prayer) , he used to enter the 
tent ." Hafsa asked the permission of 'Aishah 
to pitch a tent for her and she allowed her 
and she pitched her tent. When Zainab bint 
Jahsh saw it , she pitched another tent . In the 
morning the Prophet ^ noticed the tents . He 
said, "What is this?" He was told of the 
whole situation. Then the Prophet gg said, 
"Do you think that they intended to do Al- 
Birr (righteousness) by doing this?" He 
therefore abandoned the Vtikaf in that 
month and practised Vtikaf for ten days in 
the month of Shawwal." 



(7) CHAPTER. The tents in the mosque. 

2034. Narrated 'Aishah &i The 
Prophet tig intended to practise Vtikaf and 
when he reached the place where he intended 
to perform Vtikaf, he saw some tents, the 
tents of 'Aishah, Hafsa and Zainab. So, he 
said, "Do you consider that they intended to 



: tJr^ <3fc- ^ '• L*4^ 

.rut t wr .«£Sjil *jjt» 
[-mv itry* 



: o 



- r*rr 

^ T,) : it 4^ J 1 ^ 

[>n :^] 

JL^lill ^ jui^l 4ib (V) 



33 - THE BOOK OF VTIKAF 



147 



do Al-Birr (righteousness) by doing this?" 
And then he went away and did not perform 
I'tikaf (in Ramadan) but performed it in the 
month of Shawwal for ten days. 



(8) CHAPTER. Can a Mutakifgo to the gate 
of the mosque for a need? 

2035. Narrated 'All bin Al-Husain &i ^3 
l4^: Safiyya if* &i ^3 > the wife of the 
Prophet told me that she went to Allah's 
Messenger to visit him in the mosque 
while he was in I'tikaf in the last ten days of 
Ramadan. She had a talk with him for a 
while, then she got up in order to return 
home. The Prophet ^ accompanied her. 
When they reached the gate of the mosque , 
opposite the door of Umm Salama, two 
Ansari men were passing by and they greeted 
Allah's Messenger . He said to them : "Do 
not run away!" And said, "She is (my wife) 
Safiyya bint Huyai." Both of them said, 
"Subhan Allah , (How dare we think of any 
evil) O Allah's Messenger." And they felt it. 
The Prophet jgg said (to them), "Satan 
reaches everywhere in the human body as 
blood reaches in it (everywhere in one's 
body) . I was afraid lest Satan might insert an 
evil thought in your minds." 

[See H. 2038]. 



Jl Cs'jteuS Uii Cj£c£ jl 

° t % z 

131 .C&c^i jl ^jJl jlSCJl 

( J^>- t^a: ^Xi <-J \ « > j^j 



ili&JJi II J-A h^U (A) 

sit (l?^ 1 ^jj ^f^ 5 <ji *• 

J Ji^JwDl J 4$15cpI J 



f 



cii ii] J>. t^i; i^u ^ii 

<uJL*< ^1 s -» Lj wUp Jj> b . oJ I ^ L 

JIp LJlli jLiiVl ^ o^-j 
UjJ jU* r 4l J^j 

ZJs^a LJl tUxiij Jp» :j|§ 
I 4il jL>4^ : VuS t«^^>- c^j 
^-1] I J Us . U^IIp ^ j t <ui I J j-i j 
f3T Jl ^ ^ 0U4l]l 

cJii jl ^y^>- Jlj tj»JUl 



[vw^ ,^^\^ ^ry\\ ^r\> \ t Y'r<\ 



33 - THE BOOK OF I'TIKAF ujtf rr 148 



(9) CHAPTER. The Itikaf and the coming of £}\ uiL (*) 

the I*rophet 3g out of IWcqf in the morning of : ^ 2^. u 

the twentieth (of Ramadan) . ™ 

2036. Narrated Abu Salama bin 'Abdur- ^ 4)1 jUp <j^^>- - T •V'V 
Rahman: I asked Abu Sa'Id Al-Khudri, "Did -'ipL^j ' *U ' ' " *' 
you hear Allah's Messenger ^ talking about * ^ s ^ ° JJ * 
the night of QadrT He replied in the :Jli iijLiJl ^1 ^ WJb- 

affirmative and said, "Once we were in 
I'tikdf with Allah's Messenger £fg in the 



L.I oi*^ :Jli ^5 ^ ^1 



middle ten days of (Ramadan) and we came cJ : J 15 j-*>^ 1 ^XJLl 
out of it in the morning of the twentieth , and A . . a • > . , - , f 

Allans Messenger jgjg delivered a Khutba v ^ - - j 

(religious talk) on the 20th (of Ramadan) ^§ -Ob I J ^ j cJLw : cJi 

and said, 'I was informed (of the date) of the , ... fl ct. mm 

night of ( m m y dream) but had \ - • ^ " 

forgotten it. So, look for it in the odd H^j K i\ ^JLiJl 5|§ 4)1 J^>j 

nights of the last ten nights of the month of - , „ , • ^ r r , - ' 
Ramadan. I saw myself prostrating in mud " ; > * 

and water on that night (as a sign of the night 4i I J ^ j hlia>ti : J ^5 t ^ jJLp 

of Qadr). So, whoever had been in Ptikdf > i * ' i - 

with Allah's Messenger |j| should return for - - ^ , ^/ 

it.' The people returned to the mosque (for ^ Uj-L*£Jl5 <, If; Jj ^J\j jJLiil 
Ptikaf) . There was no trace of clouds in the > ^ * • . .\ u • - . . 
sky. But all of a sudden a cloud came and it " ^ S?j ST -f- i ^ 

rained. Then the Salat (prayer) was olS* j^j > j^>j *U ^ jJ*J\ ^1 
established (they stood for the Salat) and (( , „jr j 
Allah's Messenger ^ prostrated in mud and c C?"-^ ^ - . f 
water and I saw mud over the forehead and 
the nose of the Prophet 




aO)CHAFraR.The/^Wofa(MMsto*^a) U»U£liJI cJI&p! (VO 

woman who has bleeding in between her 

periods. 

2037. Narrated 'Aishah \fr &i ^5 : One LJjb- : ZSss Ufl^ - Y ♦ VV 

of the wives of Allah's Messenger jg| , . jdb^ " 

practised Ptikaf with him while she had ^* " ^ 4 C? JJ 



33 - THE BOOK OF I'TIKAF dil£s*l wtf XT 



149 



bleeding in between her periods and she 1$1p <bl I yj>j 4-IsIp ^p t£^£p 

would see red (of blood) or yellowish traces ; . , " , . . fl . I . 

and sometimes we put a tray beneath her ' , ^ 

when she offered the Salat (prayer) . ISo 1 j j I ja O UJLU o l^i I 

[See H. No .309]. ^ £ .., ^ 

.j^j-LiJ LfliJ c . . ' . IS 1 1 

(11) CHAPTER. The visit of the wife to her J l^jj sf^JI SjLj ijL ( U ) 

£jj 01 : t >^ jl & & If 



husband while he was in IWcdf. 



2038. Narrated^! bin Al-Husain (on the jJ& ^ jl^ - Y ♦ VA 

authority of Safiyya, the Prophet's wife) : The 
wives of the Prophet m were with him in the 

mosque (while he was in I'tikaf) and then they t^Lg-^ jjl ^ ^ i>**v" 

departed and the Prophet jgg said to Safiyya 
bint Huyai, "Don't hurry up, for I shall 
accompany you," (and her dwelling was in Jlp us^^J • £ ^3r^ 3H t**r" 
the house of Usama). The Prophet #§ went % >\ . ;e . s - > > "j 
out and in the meantime two^4/wa/f men met ^ \ ' ' _ ' 

him and they looked at the Prophet £g and yi^Jl ^p t^li^ ^»^"' : ^^je 
passed by. The Prophet 3g said to them, 
"Come here. She is (my wife) Safiyya bint 
Huyai." They replied, "Subhan Allah, (how . ^>-y ^r'jjl ^wJl ^ 

dare we think of evil) O Allah's Messenger! . . VI „ , . « . , . -.."r 
(We never expect anything bad from you) . - > - 

The Prophet replied, "Satan circulates in ^ LgiJ ulSj t«dU^ ^Jail 
the human being as blood circulates in the „ ^ 3 f 
body, and I was afraid lest Satan might insert 



an evil thought in your minds." ^1 VJSci jLa>SI\ ly> i^ii 

i si 

uLJNl l5>>4 ullall.ll jl» : J 15 



33 - THE BOOK OF VTIKAF 



150 



(12) CHAPTER. Is it permissible for the 
Muiakif to defend himself (by speech or 
action)? 

2039. Narrated 'All bin Al-Husain on the 
authority of Safiyya: Safiyya went to the 
Prophet $g while he was in Vtikaf, When she 
returned, the Prophet jfg accompanied her, 
walking . An Ansari man saw him . When the 
Prophet 3§| noticed him, he called him and 
said, "Come here. She is Safiyya. (Sufyan a 
subnarrator perhaps said that the Prophet 
had said, "This is Safiyya"). And Satan 
circulates in the body of Adam's offspring 
as his blood circulates in it." 

A subnarrator asked Sufyan, "Did Safiyya 
visit him at night?" He said, "Certainly, at 
night." 



If c^£UJi tl; i&L Or) 



(13) CHAPTER. Whoever went out of his 
Hikaf in the morning. 

2040. Narrated Abu Said Sp &i ^ : We 
practised Vtikaf with Allah's Messenger #| in 
the middle ten days of Ramadan. In the 
morning of the twentieth of Ramadan we 
shifted our baggage, but Allah's Messenger 
£g came to us and said, "Whoever was in 
Vtikaf should return to his place of Vtikaf ', for 
I saw (i .e . , was informed about the date of) 
this Night (of Qadr) and saw myself 
prostrating in mud and water." When I 
returned to my place the sky was overcast 
with clouds and it rained . By Him Who sent 



xZ ^ j^u-i i&U - r«n 

^ ^ " ^ ' 



J IS LJ 



: j 



.((^lll fSl ^1 ^0 

jij :JU ?SG J51 :Z)LllJ cii 

jiIp 4*1^1 ^ *j* 4>L Of) 

*" ' 1 " ' 1 * 1 * 5 .1 

JlJ ^jI fjA ji j : Jli 



33 - THE BOOK OF VTIKAF 



151 



Muhammad ^ with the Truth, the sky was 
covered with clouds from the end of that day , 
and the mosque which was roofed with 
leafstalks of date-palm trees leaked with 
rain and I saw the trace of mud and water 
over the nose and also over the tip of the nose 
of the Prophet si. 



(14) CHAPTER. Itikaf in the month of 
Shawwal . 

2041. Narrated 'Amra bint 'Abdur- 
Rahman on the authority of 'Aishah &i ^3 
14^ • Allah's Messenger used to practise 
Vtikaf every year in the month of Ramadan . 
And after offering the morning Salat (prayer), 
he used to enter the place of his Vtikaf. 'Aishah 
asked his permission to let her practise Vtikaf 
and he allowed her , and so she pitched a tent 
in the mosque . When Hafsa heard of that , she 
also pitched a tent (for herself), and when 
Zainab heard of that, she too pitched another 
tent . When , in the morning, Allah's 
Messenger had finished the morning Salat 
(prayer) , he saw four tents and asked , "What 
is this?" He was informed about it. He then 
said , "What made them do this? Is it Al-Birr 
(righteousness)? Remove the tents, for I do 
not want to see them." So, the tents were 
removed. The Prophet sf| did not perform 
Vtikaf that year in the month of Ramadan , but 
did it in the last ten days of Shawwal . 



015 till JL^Sfl 'JjJ\ 
4) 1 J U \3 U Lp UUH jJl* 

p3l -ja iUlJl o^-U 



[-m 



0] 



ilfc^i »jL (U) 



~L-£- Olt 3 j^P .jP w ^jj 1 iim gr*H 

jlS :dJlS 

SIjJJI ^jLi? liU jLiij J5 
:Jli . <J vli^ipl (jJJ' i-iL^S 



lUi 



?yf J£ ^JU^ 



33 - THE BOOK OF I'TIKAF 



152 



(15) CHAPTER. Whoever thinks that IWcaf 
can be practised without fasting . 

2042. Narrated 'Abdullah bin 'Umar: 
'Umar bin Al-Khattab ll£ &i said, "O 
Allah's Messenger, I vowed in the Pre- 
Islamic Period of Ignorance to perform 
Vtikaf in Al-Masjid-al-Haram for one 
night." The Prophet jfg said, "Fulfil your 
vow." So, he performed Vtikaf for one night. 



(16) CHAPTER. Whoever made a vow in the 
Pre-Islamic Period of Ignorance to perform 
ffikaf and then embraced Islam. 



2043 . Narrated Ibn 'Umar that 'Umar 



Hp ft \ had vowed in the Pre-Islamic Period of 
Ignorance to perform Vtikaf in Al-Masjid-al- 
Haram. (A sub-narrator thinks that 'Umar 
vowed to perform Vtikaf for one night.) 
Allah's Messenger £g said to 'Umar, "Fulfil 
your vow." 



(17) CHAPTER. Vtikaf in the middle ten 
days of Ramadan . 

2044. Narrated Abu Hurairah Hp %\ : 
The Prophet used to perform Vtikaf every 
year in the month of Ramadan for ten days, 



[r-n :cr \ji .«Jlji 1* sf\ 

jp tjUJL- jp i <. <jb! 

L : J IS llil j ^UaiJl 

ft % ^ ^ * ^ > s 



- y>tr 



i. jup 



^ jJU <Uil ^> J y>J> jl 

Ju>^-LiJl ^ JJt^sJu jl aIUUJI 
<3ia .up Iljf : Jli tf |^Jl 

yLill ^ oIScp^I 4*b (W) 

J\ ^ 4l jup l£U - Y'U 



. (Ir^ c j^i ^jJ->- ! Jli 



33 - THE BOOK OF VTIKAF 



153 



and when it was the year of his death, he 
stayed in Vtikaf for twenty days. 



(18) CHAPTER. Whoever intended to 
practise Itikaf and then changed his mind . 

2045. Narrated 'Amra bint 'Abdur- 
Rahman on the authority of 'Aishah fti 
\£* : Allah's Messenger mentioned that he 
would practise Vtikaf in the last ten days of 
Ramadan. 'Aishah asked his permission to 
perform Vtikaf and he permitted her. Hafsa 
asked ' Aishah to take his permission for her , 
and she did so . When Zainab bint Jahsh saw 
that , she ordered a tent to be pitched for her 
and it was pitched for her . Allah's Messenger 
Sig used to proceed to his tent after the Salat 
(prayer). So, he saw the tents and asked, 
"What is this?" He was told that those were 
the tents of 'Aishah, Hafsa and Zainab. 
Allah's Messenger ^ said, "Is it Al-Birr 
(righteousness) which they intended by doing 
so? I am not going to perform Vtikaf." So , he 
returned home . When the fasting month was 
over, he performed Vtikaf 'for ten days in the 
month of Shawwal . 



(19) CHAPTER. A Mutakif can let his head 
in the house for washing . 

2046. Narrated 'Urwa : 'Aishah i£p fti ^3 
during her menses used to comb and oil the 



j IS" :Jli Hp 3b I YjSjk 
I jLs- jLs^>j J5 j ^-a&^l Sit 
JjiJ ^JJ! ^UJl jl5 LU$ 

p jl iljl ^ t^L (\A) 

T* to 

C-JJ *iJJi oij Uii 

U» :<3ui as Lj 

:|i 41 jLSi 



[T • T ^ 



33 - THE BOOK OF PTIKAF u&l&sVI utf TT 



154 



hair of the Prophet while he used to be in <-*^>yi ^ f 
Vtikaf in the mosque . He would stretch out 
his head towards her while she was in her 



chamber. : ^fj 1^j\s- ^'/J- 

c^j m & ^ ^ 



.is!- 



34 - THE BOOK OF SALES (BARGAINS) £jJI ytf - Ti 



155 



34 - THE BOOK OF SALES ffcJ! W - fi 
(BARGAINS) 

And the Statement of Allah JU: j^j^ ; <iil ,3 

"... And Allah has permitted trading and >'.,: 

forbidden /WW (usury)..." (V.2:275) : *^ [W : 5A ll] f>J 

And His Statement save when it is a L^Sj^Aj »J^£ »J2s*j o>^2 o'l **3^ 

present trade which you carry out on the spot ^ _ 4^^Z 

among yourselves . . (V.2 :282) ^ Xp^V^ 

(1) CHAPTER. What has come in the y> <il ^ fl> U 4^ O) 

Statement of Allah JU : ^> t <*r >^,| ^ > . 5 ^ 

"Then when the (Jumu'ah) Salat is ended, ^ •jU«J *J»?^J»-J 

you may disperse through the land, and seek ^1 ^^if J-^* at !^t> ofjVi j 

of the Bounty of Allah .... And Allah is the , t , , r 

Best of Providers (V.62:10, 11) L ^-ju ^ 

And also His Statement : "Eat not up your V ^ : j 

property among yourselves unjustly except it ^ i-> < x f ^ > 

be a trade amongst you, by mutual fr srr^> [ 

consent..." (V. 4:29) [Y<\ :*LJl] ^ffcu ofjj ^ »Jjj£ 

2047. Narrated Abu Hurairah <S &i : :Jli jUJl ^1 - Y • IV 

You people say that Abu Hurairah tells many . ^ „ ^ 1 |.;« 

narrations from Allah's Messenger ^ and 



you also wonder why the emigrants and Ansdr *lL*> y\ j <^LL*S \ ^ 



do not narrate from Allah's Messenger as 
Abu Hurairah does. My emigrant brothers 

were busy in the market , while I used to stick U jl :djiyu ^1 :J15 ilp 

to Allah's Messenger #| content with what ^ , , ; > 

fills my stomach; so I used to be present ' if Sr^ a jtj* 

when they were absent and I used to j i y r l$i}\ JL U : j jJ j& j 
remember when they used to forget, and . ' , 8 . - Vl . „ 

my Ansari brothers used to be busy with their ; ^ / - J 

properties and I was one of the poor men of jlj ^ 4^^" J^! ^ 

Suffa. I used to remember the narrations > j r », - " >. / \^ *. 
when they used to forget. No doubt, Allah's ^ J -^ L ^ 1 cs?^. 

Messenger ^ once said, "Whoever spreads J f3^' ^-^J tJlJ-^Lj jl^ji 

his garment till I have finished my present ,r »f. .... , , - ir , . , 
speech and then gathers it to himself, will * ^ Sr 1 "*- r " ^ - J - 

remember whatever I will say." So, I spread jL5 j .1 j-^J li[ Jia>-Ij t IjjLp 

my coloured garment which I was wearing till > i^, L^iV 1 ' " i 'lJLLJ 

Allah's Messenger ^ had finished his saying , J d*^*t 

and then I gathered it to my chest. So, I did ^^-~^? 10-^ culs'j ^JljJi 

not forget any of that narration . 



34 - THE BOOK OF SALES (BARGAINS) fcjJI ytf - Vi 



156 



2048. Narrated 'Abdur-Rahman bin 'Auf 
5b I : When we came to Al-Madlna as 
emigrants, Allah's Messenger ^ established 
a bond of brotherhood between me and Sa'd 
bin Ar-Rabr. Sa'd bin Ar-Rabl' said to me, 
"I am the richest among th&Ansdr, so I will 
give you half of my wealth and you may look 
at my two wives and whichever of the two you 
may choose I will divorce her , and when she 
has completed the prescribed period (before 
marriage) you may marry her." 'Abdur- 
Rahman replied, "I am not in need of all 
that . Is there any market-place where trade is 
practised?" He replied, "The market of 
Qainuqa'." 'Abdur-Rahman went to that 
market the following day and brought some 
dried butter-milk (yoghurt) and butter, and 
then he continued going there regularly . Few 
days later, 'Abdur-Rahman came having 
traces of yellow (scent) on his body. Allah's 
Messenger ^ asked him whether he had got 
married. He replied in the affirmative. The 
Prophet said, "Whom have you married?" 
He replied, "A woman from the AnsarT 
Then the Prophet asked, "How much did 
you pay her?" He replied, "(I gave her) a 
gold piece equal in weight to a date stone 
(or a date stone of gold)!" The Prophet 1| 
said, "Give a Walima (wedding banquet) 



^A>- <y 3H ^1 J j-^j 




34 - THE BOOK OF SALES (BARGAINS) fcjJI ujtf - *L 157 



even if with one sheep." JUi . ^Jo j^o SlJJ jl ^_Jo 

[rvA- : ^i] 

2049. Narrated Anas %\ ^y. When : J~^> ^> JU>-1 - Y • 1^ 

'Abdur-Rahman bin 'Auf came to Al- . ^ 

> , 



Madina, the Prophet ^ established a bond 

of brotherhood between him and Sa'd bin Ar- iy^y^ ^ ^ ^ 

Rabf Al-Ansari. Sa'd was a rich man, so he & *u '\ '< - \\ * - > 

said to 'Abdur-Rahman, "I will give you half ^ ^ ffr ^ °- ^ 

of my property and will make you to marry." <, ^jL^JN 1 dri Lr?J 

'Abdur-Rahman said (to him), "May Allah .. r ' * . ,? * . - : , ^ 

ui •* * •) a J cl ur^ b 

bless you in your family and property . Show " ■ ' ^ " f 

me the market." So 'Abdur-Rahman did not t Cr^ 2 ^ <J^° ' Cr^ J^ 

return (from the market) till he gained some f - n >■ . 

dried buttermilk (yoghurt) and butter ^ * , 

(through trading). He brought that to his . <jjJL)l ^jIp tiJLJUj diiil 

household. We stayed for sometime (or as [-J^ (j^f LAilll - ' ' Ui 

long as Allah wished), and then 'Abdur- ^ " U"^ ur^" 

Rahman came, scented with yellowish U j\ l^Lii dyS* jJJ <j ^j\s 

perfume. The Prophet ^ said (to him), *\ % . .r/ ,..r , , 

"What is this?" He replied, "I got married to ^ ^ * 

an Ansari woman." The Prophet ^ asked, :J15 ^Jl J J Us 

"What did you pay her?" He replied, "A gold „ > J ' ' L 

stone or gold equal to the weight of a date °^ ° ^ ^"-^ c - ->^ J - 

stone." The Prophet said (to him), "Give «?l*JI o-ii U» : J IS . jLiJ^l 

a Walima (wedding banquet) even if with one , >\ > -\ . - 

sheep." & * y JjJ J V* 5 ^ ^ 

t o»vT ^r^rv ;rvA^ t w\r : 
t "i ♦ at t onv t o^oo t Mor ^o^^A 

[TrAT 



2050. Narrated Ibn 'Abbas Up fti 4)1 JLp ^1>- - Y ' 

'Ukaz, Majanna and Dhul-Majaz were 
market-places in the Pre-Islamic Period of 



Ignorance. When Islam came, Muslims felt : J 15 L^Ip 4)1 ^sfj ^ 

that in trading there might be a sin . So , the . * t& , * "\* ' * 

Divine Revelation came : - ' 

"There is no sin on you if you seek the jl5 Llii caIIaUJI ^ iiljJ-l 
Bounty of your Lord (during pilgrimage by 



34 - THE BOOK OF SALES (BARGAINS) ^tf U 



158 



trading)..." (V .2:198) : cJjJ aJ l^lib f^C>l 

Ibn 'Abbas recited the Verse in this way. r > < 

[wv- i^lj] 

(2) CHAPTER. Legal and illegal things are f I^JI j 4 £i J*^ 1 ^ 

clearly defined, and in between them are * _ , ,- e ^ 

some doubtful (unclear) things . - 

2051. Narrated An-Nu'man bin Bashir jlL^ c^-^" ~ 

iul The Prophet said: "Both , * si, "f ' ( lJjl>- ■ J£lj| 

legal and illegal things are obvious, and in ^ ^ * * 

between them are (unclear) doubtful matters cJLJ* : J \k I <■ 1 

(things) . So whoever forsakes those doubtful , . I * , - . i . , 

(unclear) things lest he may commit a sin, S?> ^ ^ m ~ > ~ uz 

will definitely avoid what is clearly illegal ; . ^ ^Jj I cJL*J* : J yu 

and whoever indulges in these (unclear) . . , e . 

doubtful things bravely, is likely to commit ' ^ <jt j 



what is clearly illegal. Sins are Allah's Hima J* 1 Sjy y\ l^JL>- t SjuIp ^1 

(i.e., private pasture) and whoever pastures ^ ^Uiljl -* ' *Jii * - » J J I 

(his sheep) near it, is likely to get in it at any ^ • ^sf^ 

moment . r |g J> ^ 

£ > > i ( * o s I 1 * , „ 

i§ ^ 14-* ibi ^ 

•c 

»» ^ 



(1) (H . 2051) Man, here is compared to a shepherd ; his desires, to a flock of sheep ; sins, 
to a private pasture of somebody else ; doubtful matters to the region surrounding the 
pasture and indulgence in doubtful matters to pasture in that region . To pasture there 
will probably lead the sheep to enter the private pasture, and the shepherd would be 
punished for grazing his sheep near the private pasture which led to such an obvious 
transgression. 



34 - THE BOOK OF SALES (BARGAINS) £jJI yltf - ft 



159 



U ^^Ip I^>-1 jLill UJ 

^ijJ M ilijt ^ivi ^ aJ ill; 

(3) CHAPTER. Explanation of doubtful tol«liill jf-i? ^ 

(unclear) things. U f • *' JU 

Hassan bin Abti Sinan said, "I found ' * ' ^ ^ 

nothing easier than to be pious and Allah- U £o t>° ^j-*' ^4~* 

fearing; (to achieve this aim) leave all " ' V U J I till " 

doubtful (unclear) things and do what is * 
completely clear of doubt." 

2052. Narrated 'Abdullah bin Abu : jJS j> JuAi - Y • Y 

Mulaika: 'Uqba bin Al-Harith IIp i, ^ ■ - •? ^ , °. > , - • ? 

■a ,u , u? * ' ~ a i ■ j -ujI jlp U-s^I U-^l 

said that a black woman came and claimed ^ ' ^ - ^ 

that she had suckled both of them (i.e., \^Jo- : ^1 jj ^ 

'Uqba and his wife). So, he mentioned that * , f ^ | ^| j£p 

to the Prophet ^ who turned his face from 4 - ^ ^ ^ 

him and smiled and said, "How (can you \\y>\ o\ : ilp iil OjUJl 

keep your wife) , and it was said (that both of ^ c^-L_ r -"'L>- 'f° " 
you were suckled by the same woman)?" His ^ °— ^i- 3 °* * ^j— ^ 

wife was the daughter of Abu Ihab At- J^S^ 3§l 3^ c t<4^-ij^ 

TamM - :JU ^ ^Jl & 

[AA . 

2053. Narrated 'Aishah Sli ^y. 'Utba : ^p ji jj ^^JJ l^IU- - Y • ot 
bin Abti Waqqas took a firm promise from 
his brother Sa'd bin Abti Waqqas to take the 



son of the slave-girl of Zam'a into his custody l yJ? j U£ t jSji I jj ' ^jS^ 

as he was his (i.e., 'Utba's) son. In the year " f > - . ! n- . . 

of the Conquest (of Makkah) Sa'd bin Abu csi| ^ ^ jls ^ : 

Waqqas took him, and said that he was his ^1 jjI Jii^. ^1 ^1 jl^p j 
brother's son , and his brother took a promise 



34 - THE BOOK OF SALES (BARGAINS) fcj-ll Mltf - Ti 



160 



from him to that effect. 'Abd bin Zam'a got i ^ iiij olJj jl 

up and said. "He is my brother and the son of >, - , . .^rr . • -t* 

K ; , , Jli UJU :cJU i^ab 

the slave-girl of my father and was born on ^ \ ^ - ^ 

my father's bed ."Then they both went to the ^1 : JUj ^ ^1 ^ JjLI oA^-I 

Prophet Sa'd said, "O Allah's > . ^ tj - , >c . \ 

Messenger! He is the son of my brother and ^ ' y ^ * ^ y 

he has taken a promise from me that I will jJj ^1 slJj ^Ij ^1 : J Us 

take hirn."'Abd bin Zam'a said, "(He is) my i( , tl . , . , . 

brother and the son of my father s slave-girl ^ ' ' J ' ^ 



and was born on my father's bed." Allah's ^1 t^jbl dy-^j L> : JjLI JUs $|| 

Messenger ^ said, "The boy is for you.,0 > 9 * - n „r . „ u - ^ ^ t . f 

'Abel bin Zam'a." Then the Prophet^ said, • ^> - % ^ - 

"Th< j f .on is for the bed (i.e., the man on jJj ^1 5^J} j^lj ^1 : j 

whose bed he was born) and stones (despair , ^ )( ^ 5 «j ^ j - jj, 

i .e . , to be stoned to death) , for the one who " ' J 4 " ^ 

has done illegal sexual intercourse." The ^JjI JU p <.«4*^j {y> Xs- L cLU 

Prophet told his wife Sauda bint Zam'a to L*JlJ - 1 ;_1J jj "J I » * ^ 

screen herself from that boy as he noticed a -T^ J ^ ^ ' J 

simi larity between the boy and 'Utba . So , the OJo oS^IJ J IS p . « ^/r^ 1 

boy did not see her till he died. (1) K ^ „ □ - 

c T T \ A .i! ^ Js^ Ulj 

t ivn ar*r t Yvto t Yorr t t t y > 

[V\AY t *\AW t lVlo 

2054 . Narrated ' AdT bin Hatim ^y. : jlJ jJ 1 ^1 iiiJui- - Y • o 1 
I asked Allah's Messenger ^ abouM/-Mfr<5d > , . »f > . 

(i.e ,, sharp-edged piece of wood or a piece of " * - ^ 
wood provided with a sharp piece of iron t^i^Jl ^ 4 ^Illl ^1 

used for hunting). He replied, "If the game is I - * "b^ 

hit by its sharp edge, eat it, and if it is hit by ' 4 ^ J ^ 

its broad side, do not eat it, for it has been : JUs tlr^ 5"' ^3^3 

beaten to death." I asked, "O Allah's - . . f ' * - - , , f 

Messenger! I release my hound by the * ^ 7^ u " - ■ 5 
Name of ,^llah and find with it at the game, . J51; *Ai Jii3 ^pyv; 

another hound on which I have not >. e f - t > - ( ' t- 

mentioned the Name of Allah, and I do not ^ ^ " ^ ** 



(1) (H. 2053) 'Utba committed adultery in the Pre-Islamic Period of Ignorance and before 
his death he declared that secret and confessed that the son of the slave-girl was his 
son , and most probably he died as a disbeliever . 



34 - THE BOOK OF SALES (BARGAINS) cjUT Xi 



161 



know which one of them caught the game." IAS JuJJi t _ f L£ iii a*-U j 

Allah's Messenger ^ said (to him) , "Don't »| ^ * ^ „ 

eat it as you have mentioned the Name of J ' m ^ v 

Allah on your hound and not on the other." cJU~- UJl <. JS"b N» : J li ? Ju£-I 

J£ Jjj (Jj iUS J£ 

[Wo r^lj 

(4) CHAPTER. What doubtful (unclear) olfJLlI U 4#L (O 
things should be avoided? 

2055. Narrated Anas ^ <iii : The UjJl>- : 4«^J> - Y»oo 
Prophet £jg passed by a fallen date and said, e . - ' i£ • ' ! 
"Were it not for my doubt that this might ^ ' ^ u* 

have been given in charity, I would have ^LSl ^ : Jli <up ill ^y^j ^1 

eaten it." And narrated Abu Hurairahiii v^j *f v!( ; -k * • - V- 

The Prophet m said, "I found a date- y ° ^J*-* 

fruit fallen on my bed." . «L^i5^ A3JL> o j5j 

Jb-t» : Jli sl| ^1 aIp 

(5) CHAPTER. Whoever does not consider ^ jl^l ^ ^} JjL| (0) 
dark suggestions by one's ownself or similar , ^ & , „ ( „ t 
things as doubtful (unclear) things . ' * l77 

2056. Narrated 'Abbad bin Tamlm that LJjb- : J>\ l&U- - Y »on 
his uncle said , "The Prophet M was asked : If , * . * , , . ^ ; > , 
a person feels something during his Sa/a/ ^ ' * ^ ^- -T ^ Y <-r 
(prayer); should one interrupt his Sa/af J I ^^Li : Jli ^JLp ji- 
(prayer)?" The Prophet « said, "No! You ^ .'^ ^ v - ' 
should not give it up unless you hear a sound " ' ^ lt- s - j 



or smell something." Narrated Ibn Abi <_r^ ^" : ^ ^lcu] 

Hafsa: Az-Zuhri said, "There is no need of r ? - - t T ^ 

' ' . i_i ■ j „ [rv . a>o jl tv^> 

repeating ablution unless you detect a smell - 

or hear a sound." jJ> <.l ^\ JUj 

2057 . Narrated 'Aishah iii : Some ^ijJljl JU^-I l^JL> - Y * oV 

people said, "O Allah's Messenger! Meat is ' ^ > . ;s . > 1 n 

brought to us by some people and we are not - - u~- • - 



34 - THE BOOK OF SALES (BARGAINS) £jJI ytf - U 



162 



sure whether the Name of Allah has been j> ^Lt> :^jUJaJl 

mentioned on it or not (at the time of . 

slaughtering the animals)/' Allah's <f^ J ^ ^/^^ " J f 

Messenger ^ said (to them), "Mention the J>i j Ij :ljilS ol : 1$Ip 4)1 

Name of Allah and eat it." «r M . . t >* 7 * . i. 

ft I ftl J>ij 

[vr<u t oo»v . «o^JL£j 

(6) CHAPTER. The Statement of Allah > \i0 ^ ^ ^ 

J£j: "And when they see some merchandise ^rvji i^j-kt fit "1 

or some amusement [beating of Tambur J ^ a4J J JJ 

(drum) etc.]? they disperse headlong to [\\ :4j^J1] 
it..." (V.62:ll) 

2058 . Narrated Jabir JIp &i ^3 : While we : f lli- ^ jit - Y * oA 



were offering the Salat (prayer) with the 
Prophet 0$, a caravan carrying food came 

from Sham . The people looked towards the <cp ft I ^fj j> ^J?^ : <J ^ 

caravan (and went to it) and only twelve ^ ^ j > . r . ^ 

persons remained with the Prophet sg. So, ^ J ^ C° * 

the Divine Revelation came;:" And when UUi? J-*->^ (*^' 0^ ^! 

they see some merchandise or some UJl ljoa£!U 

amusement [beating of Tambur (drum) ^ C° 

etc.], they disperse headlong to it..." cJj^i *. j 1^1 «|| 

(v - 62:11) <r#i&a&l e .&\fofy> 

(7) CHAPTER. The one who does not care Jji- ^ JlJ ^ < V > 
from where he earns his money (i.e., J UJl 

whether through legal or illegal ways) . 

2059. Narrated Abu Hurairah JIp &i ^ : ^1 LJjb- : fSl - Y * *\ 

The Prophet ^ said , "A time will come upon 
the people when one will not care how one 



gains one's money, legally or illegally." ^Ijl ^ aip ft I j ^} 

N oU) ^l!]l JO) :JU 

JtA^Jl lJ\ /<L U r^Jl JC 

[T * AV : Jill] .«^I^Jl ^ ft 



34 - THE BOOK OF SALES (BARGAINS) fcjjJI wjtf - Xt 163 



(8) CHAPTER. Trade Sf cloth and other 
things . 

And the Statement of Allah j y> : 
"Men whom neither trade nor sale 
(business) diverts them from the 
Remembrance of Allah (with heart and 
tongue)..." (V.24 :37) 

Qatada said, "The people used to do sale 
and trade; but whenever they were to 
perform any of Allah's obligations, then 
trade and sale would not divert them from 
Allah's worship , but they would rather fulfil 
that obligation (to Allah)." 

2060 , 2061. Narrated Abu Al-Minhal: I 
used to practise money exchange, and I 
asked Zaid bin 'Arqam & iii about it, 
and he narrated what the Prophet ^ said (as 
follows) : Abu Al-Minhal said, "I asked Al- 
Bara' bin 'Azib and Zaid bin 'Arqam about 
practising money exchange. They replied, 
'We were traders in the lifetime of Allah's 
Messenger gjg and I asked Allah's Messenger 
£g| about money exchange. He replied, "If it 
is from hand to hand , there is no harm in it ; 
but if there is NasPa (delay in payment) then 
it is not permissible .' " 

[See H.No. 2178, 2180, Ch. 79, 80]. 



4$ $1 & % % rcf^ 

^1 015 : 5Sl=5 Jlij [TV 

{-fry lil p-^>Jj Ojy^Jj Jj~U; 

Ji °j^>- ^ J* J* ^ 

^ ^Jt ^Ji :JU Jl^Jl 

, > * f . o ^ ^ 

TjJ jlS" jl » :Jl& tvJ^-5Jl 

. K^JUIaj *>\i ll^J jlS" jjj t J^L 

tYi^V i Y \ A : jlaJl iT'V :^jl*J1] 



34 - THE BOOK OF SALES (BARGAINS) £jJI uj^ " ri 



164 



(9) CHAPTER. Going out for trading. «j^t ^ ^A/^ 1 4*M 

Arid the Statement of Allah j£j > : ^ 1 ^ :J>j / Jyj 

"You may disperse through the land and j<* ^< *Vf 

seek of the Bounty of Allah (by working) ..." ^ ^ ^ ^ J ^ 

(V .62:10) .l> :****Jl] 

2062. Narrated 'Ubaid bin 'Umair: Abu :JuA^ ~ 

Musa asked 'Umar <£> -Oil ,'w3 to admit him > * * > *i • * 

but he was not admitted as 'Umar was busy, y*^' ^ ^ - ^; 

so Abu Musa went back. When 'Umar j& <>i\!ia& ^ySr^ 

finished his job he said, "Didn't I hear the * ' ' ' Ul * I 

voice of 'Abdullah bin Qais? Let him come <s**y* 



in. 



'Umar was told that he had left. So, he ^ ill <>^0 J* jili^i 

sent for him and on his arrival, he (Abu t, * • ^ ,^ >?t^ ^ 8 . r»* 

- a (1)15 4jOJ — 14J Jilj 

Musa) said , "We were ordered to do so (i .e . , ^ ^ ^ 

to leave if not admitted after asking :JUs ^ii- '^yii ^ y> y) 

permission thrice). 'Umar told him, "Bring *c i( - „ • - f « t f 

witness in proof of your statement. Abu % " t* " " ^ ^ ^ 

Musa went to theylnsar's meeting places and oLpA3 <. £>-j Ji : JJ . «J I y JLsl 

asked them. They said, "None amongst us * -f; -Jui cLU-b * JUi 

will give this witness except the youngest of i ^ > " ' ' 

us, Abu Sa'Id Al-Khudri. Abu Musa then ^}\ JJLHili . illllU dJUS ^^JLp 

took Abu Sa'id Al-Khudri (to 'Umar) and ^ . I JU^ liJLi UajNl -Jb^ 

'Umar said surprisingly, "Has this order of * . ' - ' 

Allah's Messenger ^ been hidden from jJl U^cJ?! IJL* ^^Ip J^-^ 

me?" (Then he added), "I used to be busy , * . * • > u 

trading in markets, i.e., going out for • * 



trading." ( ^Jlp CjP^^ : t^j-l>Jl 

^ ^ 

[vror t nrjo : .s^UJl 

(10) CHAPTER. Trading in sea. t ^1 ^ SjUcJl 4>b ( \ 

And Matar said, "There is no harm in it, Uj t <j J^L N : ^Jai Jlij 
and whatever Allah has mentioned about it in 
the Qur'an, is but the truth." Then he 



(Malar) recited : j-h^Y ^jS^ ^.Js-b 



" . . .And you see the ships ploughing 
through it , that you may seek (thus) of His e 

Bounty (by transporting the goods from place ' J ^ ^ ' * : »^J-iJ I j 

to place)...'" (V. 16:14) 



34 - THE BOOK OF SALES (BARGAINS) oUT - Ti 



165 



■ flkJl iiUll Jill 

2063. Abu Hurairah %\ said, d-lU I Jlij - Y • IV 

"Allah's Messenger ig mentioned a person ' y ' *\\ j^J, 9 ' ^/ > j - 

from Bam Israel who travelled by sea and J* if. j**^ 

carried out his needs." Then he narrated the %\ ^jlj* J* if. 
whole story . 

[See Hadlth. No. 2291). 



<up 



(11) CHAPTER. fjL }} sjiStf. Ijl; lijj^ 4^L (U) 

"And when they see some merchandise or >\* r 

some amusement [beating of Tambur (drum) \m 

etc.], they disperse headlong to it..." Jo Jc- ^ Sfj t^i ;j Jli>^ 

(V .62:11) " ' 

And Allah's Statement: [rV J ^ ,] ^ 

"Men whom neither trade nor sale divert 

them from the Remembrance of Allah..." 

(V. 24:37) 

Qatada said , "The people used to trade , Jj^r*^ jlS* : Si lis Jlij 

but whenever they were to perform any of . a , . i * . 
Allah's obligations, then neither trade nor ^ (H^ " ^ ^ (H-^J 

sale would divert them from the ^ N j sjUj ^ ggb 4I1I t3^>- 
Remembrance of Allah, but they would . > \ <~ • - 

rather fulfil that obligation." ' ?\ ^ 6 ^>- ^ ^ & 

2064. Narrated Jabir LL^ fti j~fji A :Jli JiL^J ~ Y • *U 

caravan arrived (at Al-Madina) while we , { > > * * > 

were offering the Jumu'ah (prayer) with the ^ ' y : ^ * ^ 
Prophet ^ . The people left and went out for <. Jii>J 1 ^ I ^ 1 L*> ^p t j*Jsl>- 
the caravan, with the exception of twelve • . / e . 

persons . Then this Verse was revealed : L = 5 - ^ • cr 

"And when they see some merchandise or ^ ^ <J>^> 

some amusement [beating of Tambur (drum) "° s vh ^ -->^ tl 

v*X»P Jo I j ! ui 1 a* li <x^j>0 1 

etc.], they disperse headlong to it, and leave ^ S? fr ^ 



34 - THE BOOK OF SALES (BARGAINS) £jJI utttf U 



166 



you standing..." (V.62 :11) \% V>0 4?i\ ? Ia iSys 

(12) CHAPTER. Allah's Statement: ^uf -^j* 

"...Spend of the good things which you y r 

have (legally) earned..." (V.2:267) ^ / ^ 

2065. Narrated 'Aishah I ^j: The ^! ^1 jLiP l&£. - Y»na 



Prophet m said, "If a woman gives in charity 

from her house meals without wasting (i .e . , 

being extravagant), she will get the reward ^jjJJ* j_p t JJlj j_p 

for her giving, and her husband will also get ° . k * - - 1 . 

7 \ . . , :cJU UIp <uil ^t5U 

the reward for his earning and the ^ ' 

storekeeper will also get a similar reward. *'^*J' cJuJl ISU :3§| ^iil 

The acquisition of the reward of none of i>«f t -t'i^-' ^ r , ^ . r 

them will reduce the reward of the others." ^* ' ' ^ 

2066 . Narrated Abu Hurairah ^ <bl ^ : ^J*i cT^^" ~ * * ^ 

The Prophet m said, "If a woman gives , . . 

something (i.e., in charity) from her ^ - ~ * 'i 

husband's earnings without his permission, U C-«.^ :Jli ^lli ^p t j^Jw 

she will get half his reward." ^ s.. , ^Z^, . . ^ 

sl^iJl cuaaj! :Jli 

^jjjaj LgJJ Ojil j*P ^p l^-jj 

(13) CHAPTER. Whoever liked to expand in J vl^t Or) 

his sustenance . " . ° * , ( 



2067. Narrated Anas bin Malik ^ibi^j: ^1 ^jI jlL^ - T • *IV 



I heard Allah's Messenger #| saying , 

"Whoever desires an expansion in his 

sustenance and age, should keep good 1$ y> -U^J Jli bjJb- 

relations with his kith and kin ." - tlt i 1 rf 

^p 4Ul ^sfj ^1 ^1 ^P 



34 - THE BOOK OF SALES (BARGAINS) ujUT Xi 



167 



[oui : ^l] 

(14) CHAPTER. The Prophet m purchased ^1)1 4>Lj ( > 1) 

(foodgrains) on credit. 

2068. Narrated 'Aishah ijlp fit ^ : The : Ji^f ^ Jlii l&U - Y • *\A 
Prophet 3g purchased food grains from a Jew >.-«Vn ,.t, '.^ ; tf 
on credit and mortgaged his iron armour to ^ " " ^ 

him . ^ jk ji \ : ^j* \y \ xj* U^S"i : J IS 

t Yo.<\ t YVA1 t Y Y o Y t YY0^ t Y Y • • 

[mv t Y<m ,^o\r 

2069. Narrated Qatada : Anas & &i lijb^ : l&U- - Y * 1^ 
went to the Prophet with barley bread , . >^ _ * ^ 
having some dissolved fat on it . The Prophet C ^ ^ ' ° ' f - 
3gg had mortgaged his armour to a Jew in Al- ^ 43b I JlLp J-LiJ J 
Madlna and took from him some barley for ' _''\ \ *\ J^LJ^f \£%>- *" 

his family. Anas heard him saying, "The ^ ' ^ 

household of Muhammad #| did not possess jZ> ^I^jJI jlLXa bJjb- :^jja2\ 

even a single So' of wheat or food grains for *f| ^ Jfol ' M ' "SlJ 

their evening meal, although he has nine ^ ' ^ ^ t<0 " 

wives (to look after)". aJUIj 3g§ j^Jl J I 

[See//^ No. 2508] Jj ^ ^ ^ 

[To. A : ^1] 



34 - THE BOOK OF SALES (BARGAINS) &J\ utf Ti 



168 



(15) CHAPTER. The earnings of a person eJU aUpj J>-^Jl £L 
and his manual labour. 

2070. Narrated *AishahL^ ^1^5: When ^ J^^i J?^- ~ Y * v * 



If If & <J>"^ ^ 



Abu Bakr As-Siddiq was chosen Caliph, he 
said, "My people know that my profession 

was not incapable of providing sustenance to ^,jr^ : <J^ ^U*? if) if ^o^A 

my family . And as I will be busy serving the ^ ^ *\ ' "*\\ * \"* 

Muslim nation, my family will eat from the ^ ^ ° Jj * 

National Treasury of Muslims , and I will JZ y t I <J&>c^* I UJ : cJ 15 L$Ip 

practise the profession of serving the ?f ; . -j^ > » ^ 

Muslims." J f ^/* °* ^ 

3 JUJl 11* ^ ^ ^1 

2071. Narrated 'Aishah %\ ^j: The jlp lils- : Ju^ l&U- - Y*>M 
companions of Allah's Messenger jj| used to 
practise manual labour, so their sweat used 

to smell, and they were advised to take a cJU :JU oj^p ji- ^3^^" ^ 

bath . 'lot'i^,! '^! . ' - * * t 

2072. Narrated Al-Miqdam £*- &i ^5: £j tlil>- - Y»VY 
The Prophet ^ said , "Nobody has ever eaten t [ ' ■ f ' ] * ' * f * ' ' 
a better meal than that which one has earned ' o^f if ' 

by working with one's own hands. The ji- tjlJlii ^ jJU- ji- t jjj ji- 

Prophet of Allah, Dawud (David) f^-Ji Up 1^ tl 

used to eat from the earnings of his manual - ^* r - 1 - 

labour." 1^ ii L.US J**\ J5I U» :J15 



34 - THE BOOK OF SALES (BARGAINS) ^Jl ytf - rt 



169 



2073 . Narrated Abu Hurairah &i ^ : ^ ±r~^t ~ Y • VT 
Allah's Messenger ^ said, "The Prophet ^ M . -i* 5 n \" • 
Dawud (David) f%Ji Up used not to eat J 
except from the earnings of his manual y\ LiJb- : jlli ^ ^L1a ^p t^iJU 
labour." . * ? , , . ^ ^ ^> 

[mr ,nw : .«ojJ j^i ^ 

2074. Narrated Abu Hurairah & &i : ^ ^ t^li. - Y»Vt 
Allah's Messenger ^ said, "No doubt, it is * „ . , > « 
better for anyone of you to cut a bundle of ^y^* ^ \ 

wood and carry it over his back rather than to jlp JuIp ^! ^p t c-^L^Ji. 

ask somebody who may or may not give \ „ „ „ ? , tf 

him." • ^ 

[See H .2374] . J Li : J *ls> % I ^ j Sy'y* 

° ] CSt jnr^ *A*> ljt^ *^t>- 
. j! 4 : IJL^I JLIj 



-.-5. . ^ ^ > 



2075. Narrated Az-Zubair bin Al- - Y'Vo 

'Awwam ilp %\ ^ : The Prophet ^ said, >^ # * ^jj^ „ > 

"One would rather take a rope (and cut wood f - * Cj ^ * 

and carry it than to ask others) ." ^J^J I t o! ^p 1 S j^p 

JUS : JU 4JU iui C?*fj 



[MV> i^lj jUlif 



(16) CHAPTER. One should be lenient and J Si-Ulll j 4J^1 JI 4^ < S ^ 

generous in bargaining, and whoever ^ Jj ; • ' -HJ| ll^Jl 

demands his debts back should do so in a * 4 C* * ^ ' 

modest lenient manner. JUp ^» ^Ala^Jij 

2076. Narrated Jabir bin 'Abdullah &i ^3 ^ - Y»V\ 

u j'p : Allah's Messenger |g said, "May ^£^> ' Lli, ^ 

Allah's Mercy be on him who is lenient in ^ ' Ji ' 

his buying, selling, and in demanding back 4)1 Jup y ^ j& tjJ^LlJl 
his money." 



34 - THE BOOK OF SALES (BARGAINS) ^jJI ^tf U 



170 



(17) CHAPTER. Whoever gave time to a rich \^ y ^0 £ ( ^ V) 

person to pay at his convenience . 



2077. Narrated Hudhaifa ^'y. The : JJjI ^ Juil UJoi - Y * VV 
Prophet ^ said , "Before your time the * | . * , ■ * " ' Iji !>. 

angels took the soul of a man and asked ' 3 wa ~* * **** 3 



him, 'Did you do any good deeds (in your UljJ- jl : ajJl>- t^'S^ <S^ tS^J 

life)?' He replied, 'I used to order my , * . 

employees to grant time to the nch person s?; ^ 

to pay his debts at his convenience and excuse Jj£- j j 4& *>UJ I cJilj » : «H| 

the one in hard circumstances' . So Allah said * - ; , f « t l<r • « 

to the angels: 'Excuse him.'" ^ ^ 

Rab'I said that (the dead man said), "I jl ^Lii y\ cJS : J 15 jS^\ 

used to be easy to the rich and grant time to ^ . . > . , > .. •> 

i .... „ ~ -Jl* t wM-a^JI *.P Ifljfll^tlj* I 5 Jal> 

the one in hard circumstances. Or, in V ' ^- r ^- 

another narration, "...grant time to the . «<cp ljjjl>3 

well-off and forgive the one in hard ... ^ n 

„ t , „ . dlJU *j' Jli 9 -Lp oj! JU 

circumstances, or, "...accept from the * ^ i '\ 

well-off and forgive the one in hard j~v ^-^> B - if 

circumstances." \ , \ >„ * m , . > v \\ 

jh5 J^j ^ ^viLUJl -up 

jp tviLLJI jup ^ t^l^p 

: tS~J lJ^ U ^ ^ 1* j 

(18) CHAPTER. Whoever waited for a • j$ & 
person in hard circumstances to pay back 
his debt (i.e., when he is able to repay). 

2078. Narrated Abu Hurairah & I !jUp jj ^LIa WJl>- - Y»VA 

The Prophet ^ said , "There was a merchant ; s . ; - » - > « - i . i tf 

who used to lend the people , and whenever J ^ ~ 

his debtor was in straitened circumstances, &\ JuIp ^p t^ji>jJl ^p t^Ju^jJI 
he would say to his employees, Torgive him 



34 - THE BOOK OF SALES (BARGAINS) gjjl cjtf - Xt 



171 



so that Allah may forgive us.' So, Allah - S^Jji LI :<5bl jIp ^ 

forgave him." . V *ss * ?n - 

^ 1^5 ^Iju >j-L- 

JJJ <up IjjJUo : 4^LiiJ J IS Ij-^ii 

JSul jjW^i .lip jj^r*2 01 3u1 

(19) CHAPTER. If both the seller and the fij jU£]| ISj ujL (H) 

buyer explain the good and bad points 
concerning the transaction and hide 
nothing and give sincere advice (then they 
are blessed in their bargain) . 

Al-*Adda' bin Khalid said, "The Prophet 
41 got this statement written for me : 'This is U IJu » : ^ ^li I J CJS : 15 
what Muhammad, Allah's Messenger 
bought from 'Adda' bin Khalid as a Muslim 



U :§ ^Jl J ^ 
^ 3|| *bl al^J lS^' 



sells to another Muslim and that it (i.e., the ^ ^!LHi\ t jJl^ ^ *IjJJI 

bought slave) is neither sick, nor bad- vt ' ^ vt v ? > M 

behaved nor stolen . ^ *' J 

Qatada said that Al-Gha'ila means: U^l :<JbUJl : sSbi Jl5j . (djblp 

adultery, theft or (the slave) who runs away. * „ _. v . . > . vt( >_ « 

It was said to Ibrahim, "Some brokers * r 77 5 ^ 

name their stables and the stables of uUI^>- ^jT ^llj ^^Ujjl ^^aii 

Khurasan and Sigstan and say, 'It (i.e., the . . j ' ^ « ■ ^ 

animal) arrived from Khurasan only ^ ^T** * * * tc) - 

yesterday (or) it came from Sigstan today " t u ^ 1 £ U- tjL \'j>- 

Ibrahim hated that very much. > * ; >r 

Uqba bin Amir said , It is illegal for one \ ' " > - 

to sell a thing if one knows that it has a oJL* ^ 1$ J>u *y 
defect, unless one informs the buyer of that //.f v f, , ? * >r — 

defect." .. , •^'jH'^lfl- 

2079. Narrated Hakim bin Hizam &i ^ ^ uUJLl. L-*JL>- - Y»V^ 

aIp: Allah's Messenger #§ said, "The seller 8 ^ ' , 

and the buyer have the right to keep or return ^ ^ ; ^ 

goods as long as they have not parted , or till ^ 4ti\ jlp *Js> tJJjiJl ^! ^JL^ 
they part; and if both the parties spoke the ^ ^SS- ' Jl iii " fc "lAJl 

truth and described the defects and qualities > C ' (^v^ (>* ^"'^ 

(of the goods) , then they would be blessed in J j J 15 : J 15 - 4» I ^fj 

their transaction , and if they told lies or hid . . . u 

something, then the blessings of their r ^ ■ 



34 - THE BOOK OF SALES (BARGAINS) 



£jJI uittf - ft 



111 



transaction would be lost." 



(20) CHAPTER. Selling of mixed dates. 

2080. Narrated Abu Sa'id SIp &i ^ : We 
used to be given mixed dates (from the booty) 
and used to sell (barter) two Sa ' (of those 
dates) for one Sa * (of good dates). The 
Prophet 2g said (to us), "No (bartering of) 
two Sa\ for one Sa * nor two Dirhams for one 
Dirham is permissible" , [as that is a kind of 
Riba (usury)] . 

[See Hadlth No .2201 , 2202] . 

(21) CHAPTER. What is said about the meat 
seller and the butcher. 

2081. Narrated Abu Mas'ud: An Anson 
man, called Abu Shu'aib, came and told his 
butcher slave, "Prepare meals sufficient for 
five persons, for I want to invite the Prophet 
|g along with four other persons as I saw 
signs of hunger on his face." Abu Shu'aib 
invited them and another person came along 
with them. The Prophet said (to Abu 
Shu'aib), "This man followed us, so if you 
allow him, he will join us, and if you want 
him to return, he will go back." Abu Shu'aib 
said , "No , I have allowed him (i .e . , he , too , 
is welcomed to the meal) ." 



y&\ Ija JaUll j£ (TO 
hi!*. ^1 l&U - Y • A* 

✓ >i , . ^ f • ' 
J Ui t > Li? lis" j . j^l) i 

{ joa>' Li JL>- - Y • A \ 

'it- ' • - f 8 - * - * Z\ 

^Ui cs^i 

Jjtj p4** |i-»lpJi . 

Oli Lii 03 IJU 0I» :#| i^li 

ji c-L) jij ^ ^ ^ 

cJSI jl5 Jj :JUi ^"jJ 



34 - THE BOOK OF SALES (BARGAINS) ytf - rt 



173 



(22) CHAPTER. What is said regarding the ^^-t ^ (YY) 
loss (of blessing) if one tells lies or hides the 9 . > 

facts in a deal. ^ 

2082. Narrated Hakim bin Hizam ibi ^ : JUIJI ^ JjJ - Y • AY 
^\ The Prophet^ said, "The buyer and the >\ „ - ^ - . , > ; * 
seller have the option to cancel or to confirm * J to^la 

the deal as long as they have not parted, or j> &\ xS j& J-UJl L»i 

till they part , and if they spoke the truth and ' . . r < . ; ^ 

told each other the defects of the things, then ^ J & ^ ^ UJI 

blessings would be in their deal, and if they uU^Jl 8 : Jli t * f Ill j& tilp i&l 
hid something and told lies, the blessing of s 'u- •? ^ m - 

the deal would be lost." ^ : JU ^ " r U A* 31 * 

c^i>yo L> J^j LcS" o|j t U^g-^o 

[Y*v<\ i^ij] .«U^ ^ 

(23) CHAPTER. The Statement of Allah Cfc&^ ^ ^' Jji 4^ 
JU;: "O you who believe! Eat not Riba a tV V < x .fr 
(usury)* 1 ' doubled and multiplied." ^ ^ E 

(V .3:130) .[^r. : oI^p Jl] i/tfl ^lii^ 

2083. Narrated Abu Hurairah ^ fti^: ^1 bil>- : ^Sl - Y • Af 
The Prophet si said; "Certainly a time will j * „ * * 
come when people will not bother to know ^ \ * V 5 * 

m where they e, 
ans or the unla 
[See H. 2059]. 



from where they earned the money, by lawful ^tfr : Jli ^1 j& 
means or the unlawful means ." 



(24) CHAPTER. (The sin of) one who eats oJLaLi, L^JI JiT ^lU (Yi) 
/ftfcfl (usury) , its witness and its writer. 

And the Statement of Allah JU; : • <^ 

"Those who eat (usury) will not stand '* ' >>' k 

(on the Day of Resurrection) except like ^ ^ ^ ^ j 

standing of a person beaten by Shaitan dtyi ^11) f ^ ^JlliJ? iSa^i 
(Satan) leading him to insanity. W'\t U *~V\ r\\- ->'\ 

That is because they say: Trading is only >J> ^ ^ CH 1 ^ 
like (usury). Whereas Allah has »it 1>^JI j^ij ^Ilfi 

permitted trading and forbidden 



(1) (Chap.23) "Riba" : See the glossary. 



34 - THE BOOK OF SALES (BARGAINS) fcjJI ytf - ft 174 



(usury). "So, whosoever receives an U $ -jyj J* 

admonition from his Lord and stops eating > ^ ^ : ^\ 

ifc'&a (usury) shall not be punished for the ^ fr -> ^ 

past; his case is for Allah (to judge); but : I j -o- yW ] 4,^<^&£ ^ 
whoever returns [to Riba (usury)], such are [YVO 
the dwellers of the Fire-they will abide 
therein." (V .2:275) 

2084. Narrated 'Aishah &i ^ : When : jlli ^ jlAi l&>- - Y*A1 




the last Verses of Surat Al-Baqarah were 
revealed, the Prophet m recited them in the 

mosque and proclaimed the trade of alcohol ^p 1 o j J* ,j>^^ I ^ ' ^ 

ix., liquors as illegal.^ lU : Ijli Sfcl ^j" SL> 

2085. Narrated Samura bin Jundab %\ j-> y> \1S.\J*- - Y * Ao 

Jl£: The Prophet |g said, "This night I 
dreamt that two men came and took me to 
a sacred land whence we proceeded on till we ^ 

reached a river of blood, and in it (its middle) ^ - J IS Hp 2b I - *' 
there was a man, and on its bank was ^ ^ \ s „ 

standing another man with stones in his ^Lj! Cr^rj illUl Oj!j }) '-Wk 
hands. The man in the middle of the river . tr.-v . .f „ ., - • f. 

tried to come out, but the other threw a stone ' * * - . 

in his mouth and forced him to go back to his J>-j <J* ^jj ^^Lp Li! Jl>- 

original place . So , whenever he tried to come r . ^Lt' ' jlil i** Ap 1 *'IS 
out , the other man would throw a stone in his ^ J ^ ' J J ^ 

mouth and force him to go back to his former ^ ^jJl J^-^Jl tajU^ 
place. I asked, 'Who is this?' I was told, 'The ^ \\ 

person in the river was a Riba-eater " ^ (Ls- J * ~ 

,> ° . " s ^ ^ . r ' : ; 

: ^1 ^ 

[Mo . «L^JI J5T 



(1) (H. 2084) Imam Al-Bukhari includes this Hadlth here because the last Verses of Surat 
Al-Baqarah deal with the topic of Riba, too. 



34 - THE BOOK OF SALES (BARGAINS) £$JI wtf - Tt 175 



(25) CHAPTER. (The sin of) the Riba-g}\er. 

As is referred to in the Statement of Allah 
JUj: 

"O you who believe! Be afraid of Allah 
and give up what remains (due to you) from 
Riba (usury) (from now onwards) , if you are 
(really) believers. And if you do not do it, 
then take a notice of war from Allah and His 
Messenger but if you repent , you shall have 
your capital sums. Deal not unjustly (by 
asking more than your capital sums) , and you 
shall not be dealt with unjustly (by receiving 
less than your capital sums). And if the 
debtor is in a hard time (has no money) , then 
grant him time till it is easy for him to repay, 
but if you remit it by way of charity, that is 
better for you if you did but know . And be 
afraid of the Day when you shall be brought 
back to Allah. Then every person shall be 
paid what he earned, and they shall not be 
dealt with unjustly." (V.2:278-281) 

Ibn Abbas said, "This was the last Verse 
revealed to the Prophet jg." 

2086 . Narrated ' Aun bin Abu Juhaifa : My 
father bought a slave who practised the 
profession of cupping. (My father broke the 
slave's instruments of cupping) . I asked my 
father why he had done so . He replied , "The 
Prophet g| forbade the acceptance of the 
price of a dog or blood , and also forbade the 
profession of tattooing, or getting tattooed 
and the eater of Riba , (usury) and also the 
one who gives it, and cursed the picture- 
makers." 

[SeeHadith No. 2238] 

(26) CHAPTER.: "Allah will destroy Riba 
(usury) and will give increase for Sadaqat 
(deeds of charity , alms) . And Allah likes not 
the disbelievers, sinners!" (V .2:276) 

2087. Narrated Abu Hurairah £p &l : I 
heard Allah's Messenger £g saying, "The 



5p <i! J# L> Jf^ 4»b (Yo) 

& \j& \p: <<u$\ -.fa 

bt p of ^lo^ty 

, / Ik -z , > ^ ✓ 

C^u>^ U ^ J& ^jjji p 

- tva V ft* 

■m & > ^ 

a&J .^1 t-JSCll j^J l£ 

[o<m ioMo tortv t rrrA 
^ 1Q( :£b (YD 

^ 4*^4 ^ %&&\ 

: ^ ^ 1^1^ - Y • AV 



34 - THE BOOK OF SALES (BARGAINS) 



176 



swearing (by the seller) may persuade the 
buyer to purchase the goods but that will be 
deprived of Allah's Blessing 



(27) CHAPTER. What is disapproved of as 
regards giving oaths (swearing) while 
selling. 

2088. Narrated 'Abdullah bin Abu Aufa 
ilp 2b i ^fj: A man displayed some goods in 
the market and swore by Allah that he had 
been offered so much for that , that which was 
not offered, and he said that, so as to cheat a 
Muslim. On that occasion the following 
Verse was revealed : 

"Verily! Those who purchase a small gain 
at the cost of Allah's Covenant and their 
oaths..." (V.3:77) 



(28) CHAPTER. What is said about the 
goldsmiths . 



Narrated Ibn 'Abbas up &i 



The 



Prophet 3S said, "Do not cut the shrubs of 
Makkah." Al-' Abbas said, "Except Al- 
Idhkhir (a kind of grass) . It is used by their 
blacksmith and for their houses." The 
Prophet $H said, "Except Al-Idhkhir" 

2089. Narrated 'AH & fti ^5 : I got an 
old she-camel as my share from the booty, 
and the Prophet gfg had given me another 



is > 



^JJi til*. 



>* i 



.[VV :jl^p JT] 4^ 62 

[io<n t uvo : jfcl] 

L^J-I :ilalp - Y»AA 



(1) (H. 2087) Hadlth No. 2087 confirms the fact that what you earn illegally, decreases 
ultimately, for it will be deprived of Allah's Blessing and it will result in bringing about 
punishment in the Hereafter ; while what you give in charity will be compensated for by 
the Blessing of Allah many times, and you will be rewarded for it in the Hereafter as 
well. 



34 - THE BOOK OF SALES (BARGAINS) yttf rt 



111 



from Al-Khumus . And when I intended to ^JLp ^j-^t : JLi »^»lf-J 

marry Fatima ijIp 2b i ^5 (daughter of the >. * m , " „ ^ > ^ ; ^ 

Prophet I arranged that a goldsmith ^ ^ J ST* <>~^ ^ J 0^" 

from the tribe of Ban! Qainuqa' would cJl5 :JLi l!ip jt :i'jJ-\ 

accompany me in order to bring Idhkhir and r - _ . r , * . 

then sell it to the goldsmiths and use its price 'tj ^ ^ - 

for my marriage banquet. ^ U^U ^Lk^f % ^1)1 

M oSj! j^fy jfe ^JKA J»J^ 

4r.<u .rrvo iXJj 

2090. Narrated Ibn 'Abbas 14* &i Lji>. : ^Uwl l£U - Y * ^ 

Allah's Messenger jgg said, "Allah made ♦ . . . . > > 

Makkah a sanctuary and it was neither ^ 4 " ^ - 

permitted for anyone before, nor will it be ibl 0* ^ 

permitted f^r anyone after me (to fight in it). - ' ' ; ,'*/*f 

And fighting in it was made legal for me for a * ^ J ^ J| : ^ 

few hours of a day only. None is allowed to ^^U* J^V J>J pj it 

uproot its thorny shrubs or to cut down its "t ! t ( 1 V 'V/ 

trees or to chase its game or to pick up its v ^ 

Luqata (fallen things) except by a person who M j tU^ <Jlx£J ^ ^ ^L- 

would announce it publicly.'' 'Abbas bin >. , v 1' * - ' ' " 

'Abdul-Muttlib requested the Prophet «, ' U ^ — ^y^> iju* 

"Except Al-Idhkhir, for our goldsmiths and Jlij . «^yilJ Sfl M ^ 

for the roofs of our houses." The Prophet^ - ■ ? m ( mi iif'u > > 1^ 

said/ < Excepty4/-/^ir.'' ( Ikrimasaid, << Do V ^1 '•^ri**** ^ ^ 

you know what is meant by chasing its game? V } » : J Ui t Lj^ ^^illJj Lii UaJ 

It is to drive it out of the shade and to sit in its ' « r - - „ ? 

place." Khalid said, "('Abbas said: Al- U ^ ^ . «^)M 

/4W*>) for our goldsmiths and our graves." ^ a^Au j! Jj* ((?LajlL^> ^ij)) 



34 - THE BOOK OF SALES (BARGAINS) 



fcjsJI utf - U 178 



(29) CHAPTER. The mentioning of 
blacksmiths . 



2091 . Narrated Khabbab & fti : I was 
a blacksmith in the Pre-Islamic Period of 
Ignorance , and ' Aas bin Wa'il owed me some 
money, so I went to him to demand it. He 
said (to me), "I will not pay you unless you 
disbelieve Muhammad OH)." I said, "I will 
not disbelieve till Allah kills you and then you 
get resurrected." He said, "Leave me till I 
die and get resurrected , then I will be given 
wealth and children and I will pay you your 
debt ." On that occasion it was revealed to the 
Prophet i|: "Have you seen him who 
disbelieved in Our Ayat (this Qur'an and 
Muhammad |g) and said : 'I shall certainly be 
given wealth and children [(if I will be alive 
(again)]'? Has he known the unseen, or has 
he taken a covenant from the Most Gracious 
(Allah)?" (V. 19:77 ,78) 



(30) CHAPTER. The mentioning of the 
tailor. 

2092. Narrated Ishaq bin 'Abdullah bin 
Abu Talha : I heard Anas bin Malik fti ^3 
saying, "A tailor invited Allah's Messenger 
^ to a meal which he had prepared." Anas 
bin Malik %\ said, "I accompanied 
Allah's Messenger #| to that meal . He served 
the Prophet with bread and soup made 
with gourd and dried meat . I saw the Prophet 

taking the pieces of gourd from the dish." 
Anas added, "Since that day I have 
continued to like gourd." 



^y^wiSl ^ I <^P tjUJL* ^jP t4l*Ji 

<i^£ : J IS 1 3j if 

tJ Jlp ^ q\£j aIIaUJI ^ 14s 

JU iLkpf N : JIS ulilil 

: ^1] .[VA - w :^] 
itwrt itwrr t ivrr cY*yo cYtvo 

[tvro 

•jj 4&I jlIp U£U - Y^Y 

£w 4j| I 4j>*jLb ^1 4ttl JuP 

: J^i <cp Sbl JUlo ^ J^l 

^UlaJ j|| <bl J^-j Ipi ol 
Sbl ^sfj dJLJLo ^1 J^Jl JIS tliw? 
3H| <b' Jj-^j cJ>AS : <up 



34 - THE BOOK OF SALES (BARGAINS) 



179 



(31) CHAPTER. The weaver. 

2093 . Narrated Abu Hazim : I heard Sahl 
bin Sa'd %\ saying, "A woman brought 
a Burda (i .e . , a square piece of cloth having 
frills) . I asked , 'Do you know what a Burda 
is?' They replied in the affirmative and said, 
'It is a cloth sheet with woven margins.'" 
Sahl went on , "She addressed the Prophet 
and said, 'I have woven it with my hands for 
you to wear.' The Prophet 3g took it as he 
was in need of it , and came to us wearing it as 
a waist sheet . A man from those (who were 
present there) said, £ Allah's Messenger! 
Give it to me to wear.' The Prophet 
agreed to give it to him . The Prophet sat 
with the people for a while and then returned 
(home) , wrapped that waist sheet and sent it 
to him. The people said to that man, 'You 
have not done well by asking him for it when 
you know that he never turns down anybody's 
request.' The man replied, 'By Allah, I have 
not asked him for it except to use it as my 
shroud when I die.'" Sahl added; "Later it 
(i.e., that sheet) was his shroud." 



(32) CHAPTER. The carpenter. 

2094. Narrated Abu Hazim: Some men 
came to Sahl bin Sa'd to ask him about the 
pulpit. He replied, "Allah's Messenger £g 
sent for a woman (Sahl named her) (this 
message) : 'Order your slave carpenter to 



Jjl jUi :Jli . 4JLiiJl 
t orv<\ .J4^ }jA 

l*ir\ t .i*rv Lotro ,otrr t o*Y« 
If. ^ 

o*U- :JU <cp ill 
t <i) 1 J jZtj L : cJ li & 1^1^- 1?- ^ 
jij 0l5i .ojtjl l^jlj t3l £^ 

. i^j^r 1 1 4) 1 J j-^j L .* ^»^iJ 1 ^0 
^ #1 ir 1 t*^ 8 :JUi 

25 L U Jus .%:L- 

jiiSii £b (rr) 



34 - THE BOOK OF SALES (BARGAINS) £jJI wtf U 



180 



make pieces of wood (i.e., a pulpit) for me so vlJu :jLai <>j<^\ 

that I may sit on it while addressing the ^ _ ^ ' ^ j , 

people .' So , she ordered him to make it from ' ^ ' ^ ^ " 

the tamarisk of the forest. He brought it to ^' ~ J4-^ 

her and she sent it to Allah's Messenger jjg. fvj^, M^f bl''( J 'lIAJ '1>«1)1 

Allah's Messenger gjg ordered it to be placed of^ err? 3 ^ ^ a*** J • 

in the mosque . So , it was put and he sat on it . ^ L^JUJo il^U t«^UI calls' li! 

i* ^ r ^ 31 <*l Ji 

2095. Narrated Jabir bin 'Abdullah ^1^3 : ^JLI ^ l^JL^- - Y^o 

U.^-* : An Ansari woman said to Allah's „ . > ^ 

Messenger "O Allah's Messenger! Shall ^ 4 ^ & — ^ ^ ' ^ 

I make something for you to sit on, as I have 4&I 4)1 Ju£ ^ ^L>- ^ t^l 

a slave who is a carpenter?" He replied, "If ^j^i LiJVl " \ M ' UIIp 

you wish ." So , she got a pulpit made for him . - 6 S* ' * 

When it was Friday, the Prophet |g sat on ^1 c -il Jj^j L :jj§ 4)1 Jj-^jJ 

that pulpit . The date-palm stem , near which . * r.- v»f 

the Prophet 2g used to deliver his Khutba ^ " ~ , * > 

(religious talks), cried so-much-so that it was c «oJL* oj» : Jli t IjlAl U*Ap 

about to burst . The Prophet came down > , , - ^. ^jr - ?j ^ >j ^ j^r 
from the pulpit to the stem and embraced it 

and it started groaning like a child being ^JJ> ^ ^jjl jUS ^liil 

persuaded to stop crying and then it stopped ^ < ( ' j J ( 

crying. The Prophet $jg said, "It has cried „ - 

because of (missing) what it used to hear of tjJLi jl l1o\5 UoIp J.Ja.^J 

the religious knowledge." U^i ul^l ^ # ^1 3^ 

(SeeVol.4,tta^No.3583). ^ J yr' 

(33) CHAPTER. The purchase by the ruler ^U>! ^iL (tT) 

of his necessities by himself. 

Ibn'Umar uj^&i^j said, "The Prophet : *<&\ J*s- ^1 JUj 

^ bought a camel from *Umar." Ibn 4 Umar 
l4^^ ftt ^ j purchased (goods) by himself. 



34 - THE BOOK OF SALES (BARGAINS) ytf - Ti 



181 



'Abdur-Rahman bin Abu Bakr Sit ^ jiIp jLij *.X> ^\ 

said : "A Mushrik came with sheep and the K , . . ' * , , , tf 

Prophet ^bought a sheep from him and (the ^ ^T? J ^ S^ 1 ^ 

Prophet ^ also bought) a camel from Jabir jj^ii Li ^IL *J ^^L! £ Li- : 



2096. Narrated 'Aishah LjJJ- At 'A^-jJ L^JL^- - Y^l 

Allah's Messenger bought food grains * UJ* 

from a Jew on credit and mortgaged his * ^ ^ *^ * cr*^ 

armour to him. t^i-Vl 

:cJLi L^Ip 3b I j^sfj A-iuLp ^p 
d&jii u* m ^ Jj^J lS>=— I 

>^o > - ^ „ f , .-- 

. 4_Pj3 AjwAjJ jJL-wywL-i LoL*_i? 

(34) CHAPTER. The purchase of animals <L>\'/j}\ 4^L (Ti) 



and donkeys . 

If somebody buys an animal or a camel 
and the seller is still riding over it, will the jl Jls l^'j JJUi Q Ja t<uip 
bargain be regarded as settled before the ^ 
seller gets down from it? ' 

Ibn ( UmarL4^ ^1^3 said, "The Prophet t U^Ip 2)1 ^3 ^ii ^1 Jlij 
#| told 'Umar to sell that unmanageable „ . " , * - 

(untamed) camel to him." t<< ^" * ^ Jl» 

2097.NarratedJabirbin i Abdullahii)i^ ijUJ ^ llAi l£U- - Y • W 
: I was with the Prophet £g in a Ghazwa * , . ,« 
(military expedition) and my camel was slow - ; T 

and exhausted. The Prophet |g came up to Jup j>\j>- j& oL^S ^ ^J*j ji- 

me and said, "O Jabir." I replied, "Yes?" He „ „ , 

said, "What is the matter with you?" I C ^ 1 Jb ^ ^ ^ ^ 

replied, "My camel is slow and tired, so I <JU^- ^ tlalti Sljp ^ ^ 

am left behind ." So , he got down and poked " ^ ^ t ^ " c t ^ 

the camel with his stick and then ordered me * ^ ^ S? ^ ^ - J 

to ride . I rode the camel and it became so fast Va » : J 15 . ^_*J : cJUi « ?^-> L>- » 
that I had to hold it from going ahead of ... . „ > •> n *>* - 

Allah s Messenger ^ . He then asked me , v 

"Have you got married?" I replied in the aj^L^J JjJ*i 
affirmative. He asked, "A virgin or a 



182 



34 - THE BOOK OF SALES (BARGAINS) y fcf - Xi 



matron?" I replied, "I married a matron." c<4f/ : J 15 p 

The Prophet £ said, "Why have you not _ ^ j > . . . ^ gf. ^ 

manied a virgin, so that you may play with - J " ^ , . , " 

her and she may play with you?" Jabir :Jl5 :oi5 «^C-^-jy» :J15 

replied, "I have sisters (young in age) so I . ^ ^ v . |? (< >f f > , 

liked to marry a matron who could collect lt , A 

them all and comb their hair and look after «?<Iiip}U j t^^" ^j^r 

them The Prophet |jg said , "You will reach • * cJ^jJu o T ' I J 01 ' cJ* 

(home) , so when you have arrived (at home) , * y <s $ 

I advise you to associate with your wife (that ^ja> j j g w . ^t j ^m^j & \y> \ ^jy \ 

you may have an intelligent son)." Then he ( r ^ ^ ^ 

asked me, "Would you like to sell your T > % - 

camel? "I replied in the affirmative and the :J15 p t<<JJ&1 o^>Ji 

Prophet m purchased it for one Uqfya of , f - ^ .^g 



gold. Allah's Messenger |g reached (Al- 



Madina) before me and I reached in the <i1 J^j f^5 p *3^j^ ^ 

morning, and when I went to the mosque, I . ^ ^ 

found him at the door of the mosque. He Lr J| *" * - ' 

asked me, "Have you arrived just now?" I . Ju^lIJl l-jU ^^Lp 4j*x>-y a^Ul 

replied in the affirmative. He said, "Ixave ^ , ^ ' . ^ 

your camel and come into (the mosque) and ^ \^ ' ^ 

offer a two Rak'a (prayer)." I entered and J-ii J->-^ diUj>- £Ji» : JL5 

offered the (prayer). He told Bilal to ^ ^ ^ (( ^ 

weigh and give me one Uqfya of gold. So, ^ * ^ " ^ j . . s 

Bilal weighed for me fairly and I went away. 0% Ojy . aJ OJj 1 

The Prophet M sent for me and I thought * > i ir ;,. ; — 

that he would return to me my camel which I ^ ^ , , , * 

hated more than anything else. But the t^L?- ^ :JLa5 cJJj 

Prophet 2l said to me, "Take your camel as 'i^J| * J£ 0^ I * cJ£ 

well as its price." ^ ^ J ^ . * 

(35) CHAPTER. The markets of the Pre- J citf ji\ olpS/l ijL; (Vo) 

Islamic Period oflgnorance where the people * , ^' . . ^ 

continued to trade after embracing Islam . v ^ ~ Cr 

2098. Narrated Ibn 'Abbas L4^ ii »>f j : Cf. & ~ * ' ^ A 

'Ukaz, Majanna and Dhul-Majaz were . ^ f . °. > . 

J J v Jr*^ tJUd— UjJL?- .41)1 

markets in the Pre-Islamic Period of ^ ^ ^ 

Iqnorance. When the people embraced U^Ip 43b I J^fj ^1 0^ 

Islam, they considered it a sin to trade 



34 - THE BOOK OF SALES (BARGAINS) 



183 



there. So, the following Verse came : 

"There is no sin on you if you seek the 

Bounty of your Lord (during pilgrimage by 

trading etc.).. " (V .2:198) 
Ibn 'Abbas recited it like this. 



(36) CHAPTER. Purchasing of camel 
suffering from skin disease or disease 
causing severe thirst. 



2099. Narrated £ Amr: Here (i.e., in 
Makkah) there was a man called Nawwas 
and he had camels suffering from a disease 
causing excessive and unquenchable thirst. 
Ibn 'Umar U4^ &i j went to the partner of 
Nawwas and bought those camels . The man 
returned to Nawwas and told him that he had 
sold those camels. Nawwas asked him, "To 
whom have you sold them?" He replied , "To 
such and such Sheikh." Nawwas said, "Woe 
to you; By Allah, that Sheikh was Ibn 
'Umar." Nawwas then went to Ibn 'Umar 
and said to him , "My partner sold you camels 
suffering from a disease causing excessive 
thirst and he had not known you." Ibn 'Umar 
told him to take them back. When Nawwas 
went to take them, Ibn 'Umar said to him, 
"Leave it as I am happy with the decision of 
Allah's Messenger ^§ that there is no 'Adwa 
(i.e., no contagious disease is conveyed to 
others without Allah's Permission)." 



(37) CHAPTER. Selling of arms during the 
period of Al-Fitnah (trial, affliction) and 
otherwise . 



jij 4^>Jaj -kt£p oJl5» :JlS 

ills 1 41UUJI 151 jUtJl 

jf jj>i 4ib <rn) 

: /y±s- J li ; J li o LLl biJt>- ; 4j I 
15 j (jxl^j <u^ol J^>-j l*^-* ol5 

j-L* :JUi iUL; LJL 

t li5j lis ^ ja :JU5 

Su iUU 01 :JUs r S*uJ 

:JU5 : L^SLlIJ Cjo tlii :JI5 
"• Jj-"j pLiaj t t^so 

t ovor t o.<U t o.^r <. T AoA 

[OVVT 

sHsaIi j £*Ui g 4iL (rv) 



34 - THE BOOK OF SALES (BARGAINS) £jJI cjtf - Xt 184 



'Irnran bin Husain hated the selling (of iili j» \'JJ> o 

arms) during Al-Fitnah (trial, affliction). " * ' 

2100. Narrated Abu Qatada 2p Sbi ^3 : £j 4)1 jIp L^i>- - Y ^ • * 

We set out with Allah's Messenger ^ in the . „ . . , . . „ 

year of (the battle of) Hunain, (the Prophet ^ 4 ' ^ 4 

3f§ gave me an armour). I sold that armour ^1 <. ^ j> j^p 

and bought a garden in the region of the tribe % f t." * - > 

of Barn Salama and that was the first property ^ cr ^ ^j- * 

I got after embracing Islam. J>^j L^-^i :Jli <cp 2b 1 ^fj 

L-^ 1 ^ r u 



15 5"' 



[vw« utyy urr^ t r m y 

(38) CHAPTER. (What is said) about the dJLLJl g*j jUmJI ^ :£b (VA) 
perfume seller and the selling of musk. 

2101. Narrated Abu Musa ii£ %\ ^y jj L1jJL>- - Y^ * ^ 
Allah's Messenger « said, "The exampie of ^ . , ^ ^ . - , 

a good companion (who sits with you) in ' " ~ ' 

comparison with a bad one , is like that of the U cJLw :Jli 4)1 Jup ^ sS^J jll 

owner of musk (perfume seller) and the ? . . > f , £ ..> 

owner of bellows (or furnace) (blacksmith); ^ J ^ 4 <^* ^ e ^ 

from the first you would either buy musk or :^ 4)1 J jLj J li : J li <c£ & I 

enjoy its good smell, while the owner of Vj ^ ^ 

bellows (blacksmith) would either burn your ^r-^ j (_ lt^t^ u 

clothes or your house , or you get a bad nasty jS j 4LIJ I \J& * ^1! I 

smeil thereof." " . ^ . ' > - . „ . 

(39) CHAPTER. The mentioning of Al- f lAill 4»b (r^) 
Hajjam (i .e . » the one who practises 

cupping) . 

2102. Narrated Anas bin Malik te'to^y. ^ &\ jIp lili" - Y>*Y 
Abu. Taiba cupped Allah's Messenger ^ . So 



34 - THE BOOK OF SALES (BARGAINS) ft 



185 



he (3||) ordered that he be paid one Sa' of t ^iJLSU IT^-M 'Ou*^ 

dates and ordered his masters to reduce his %\ ' ' tliJU M ' 

tax (as he was a slave and had to pay a tax to * ^ ^ 

them). ^ A| J?\ ^ :JU 

[<n<H <. T T A > t T T A * tUVV 



2103. Narrated Ibn 'Abbas it! ^ : b!j^ : ^lli L*Jb- - Y \ • V 
Once the Prophet $gg got his blood out <ul jup ' I '* jJU^ 
(medically) and paid that person who had ' ^ 

done it . If it had been illegal , the Prophet ^ , ^ l!p ^ I j& ±X» <.j}[>- 

would not have paid him . * s. 

\ f->*^ I : J IS *b I erf 

[uro i^ij .4^ ui^ 

(40) CHAPTER. The trade of cloth, the iJj i^S* UJ SjUJjl 4»L (!•) 

wearing of which is considered undesireable ^ 

both for men and women . J ? • 

2104. Narrated 'Abdullah bin 'Umar ^ LJjl>. : ^ Si llil^ - YW 
Once the Prophet £g sent to 'Umar a • „ > ^ b5^>- . * 

silken two-piece garment , and when he saw *" of^~ Cf. Ji • 

'Umarwearingit,hesaidtohim,"Ihavenot ji- t^li- ^1 4s\ jup ^JL* ji- 

sent it to you to wear. It is worn by him who „ , > \\ t *\\ °\ ' 'w- \ 

has no share in the Hereafter, and I have sent W ^ Jsi 1 

it to you so that you could benefit by it (i.e., *\'jr? j\ jtj>- ««j ^ t^f3 

2105. Narrated 'Aishah 14^ fti ^3 , ^ <ul jlIp li)jL>- - YWo 
Mother of the Believers : I bought a cushion . ^ , . ^llJU U ' * f • ' * ' ' 
with pictures on it . When Allah's Messenger 4 £? ^ *" ' 

saw it, he kept standing at the door and p ii^U ji- t jJL>«J ^ ^.UJl ji- 

did not enter the house . I noticed the sign of °f 1 tf f 1 9 ' ' 1 ' - °M 

disgust on his face, so I said, "O Allah's *^ ^ ^ CffJ 

Messenger! I repent to Allah and His llli /jjjUal l^J as^Ij o^uil l^i 
Messenger sg. (Please let me know) what 



34 - THE BOOK OF SALES (BARGAINS) fjJ\ wtf U 186 



sin I have done." Allah's Messenger m said, ^Ul ^Js- ^li «|| 4)1 

"What about this cushion?" I replied, "I ' . . . > >? * v i r 

bought it for you to sit and recline on. - J ' ^ 

Allah's Messenger 2g said, "The painters *L> y \ J y*j L iil^l 

(i.e., owners) of these pictures will be r # ^ , ^ , | 

punished on the Day of Resurrection. It ^ ^ ^ ; ^ 

will be said to them , Tut life in what you have JL U» *ul JUa ?olo1 

created (i.e., painted).'" The Prophet jg ^ . jjf .^—^fj, ejUk 

added , "The angels do not enter a house in " J ' ^ 

which there are pictures." J y/j JUa . UaJl^J 

jjjjl oJLA ^U^f J}» 4)1 

^ o^-\ > t o^ov t rm : ^i] 

[VOOV 

ii-f UiUl <t\) 
2106. Narrated Anas ili- &i The j_> j-» li^Aji- - Y \ * 1 



(41) CHAPTER, The owner of a thing has to 
suggest a price . 



Prophet ^ said, "O BanI Najjar! Suggest a 
price for your garden." Part of it was a ruin 

and it contained some date-palms. aIp 2b I ^J>j ^jl ^ ^1 

(42) CHAPTER. For what period has one to ^jW^ 1 JJ*H ^ ( * 

confirm or cancel the bargain? 

2107. Narrated Ibn 'Umar U^** fti Crf^'- ^Sr^ ^Je- - Y\*V 

The Prophet ^§ said, "The buyer and the r > * . -J^^LaJIjup 

seller have the option to cancel or confirm ^ * . y 

the bargain before they separate from each Js> Ui U c*i«-S : J 15 J^*-^ 



other, or if the sale is optional 



(1) (H . 2107) If the bargain is concluded but the buyer and seller are still at the place where 
the bargain has taken place, they have the right to cancel or confirm the bargain. If= 



34 - THE BOOK OF SALES (BARGAINS) £jJI yfcf - Ti 



187 



Nafi* said, "Ibn 'Umar used to separate ^ J^h^^i C^-^r-^ 
quickly from the seller if he had bought a ,\„. > > >\ ' 
thing which he liked." Cp °& ' ^ f U 

y*^ I?} J^J ' {{ \j^r 

[rm jnr t n\\ t n*<\ : ^i] 

2108. Narrated Hakim bin Hizam &i : ^ii- J&a>- ~ Y ^ * A 

il£ : The Prophet ^ said , "The buyer and the f ' lii ' * tli bJjb- 
seller have the option of cancelling or ^ ^ t0 c f 
confirming the deal unless they separate ." t OjUJ I ^> <u 1 Jup ^p t J~UJ I 

Hp ill ^3 f1> ^ 

jUJl. OUSli'-Jli S§/^51 ^p 
. « li p IS 

Jso>- LlJ J^Jl ^ cJ5 :JUi 
.^jl^JI lii OjlAJl ^1 41 JLP 

(43) CHAPTER. If the time for the option is tjL*Jl J cJ'J> p fy 4»L (it) 

not fixed, will the deal be considered as " ♦ v 

legal? s ^ _ i*** J* 

2109. Narrated Ibn 'Umar 5b 1 ^3 : : jUilJl jit lii>- - Y \ * ^ 
Allah's Messenger ^ said, "The seller and > if '« , > * „ 



the buyer have the option of cancelling or 



confirming the deal unless they separate, or 4)1 j Cf} J* L ^ J* 

one of them says to the other, 'Choose (i.e., - ll£ . , -* , 

decide to cancel or confirm the bargain - - J 

now).' Perhaps he said, 'Or if it is an Jj^> jt t LiyiS jL^JL 

optional sale.'" . «, . . . . , > , * 



=they separate, they no longer have such an option. If, while they are still together, one 
of them gives the other the option of cancelling or confirming the bargain and they agree 
upon a decision, the bargain is regarded as final even though they have not separated. 
On the other hand, if the buyer and the seller agree upon having the option of cancelling 
or confirming the bargain after they separate , the bargain is not regarded as final unless 
the period of the option has elapsed. {AUQastalani Vol. 4). 



34 - THE BOOK OF SALES (BARGAINS) £jJt ytf U 



188 



(44) CHAPTER. Both the buyer and the ^ U jUJL i^M 

seller have the option to cancel or confirm 

the bargain, unless they separate. ^ 

Ibn 'Umar, Shuraih, Ash-Sha'bi, Tawus, ^J^tj tin' triJ 

' Ata' , and Ibn Abu Mulaika agree upon th^s ? * , , . ^ * * . t >°iti 

judgement. ^ J J J ^ J 



2110. Narrated Hakim bin Hizam ftt ^5 ^Sr^' :<jL^~- i VijJL>- - TU* 
& : The Prophet ^ said , "The buyer and the • J ^ J ^ * ^ 
seller have the option of cancelling or \ * * / ^ 
confirming the bargain unless they separate, ^1 £-!L^ j& : ^ 
and if they spoke the truth and made clear , A , ... . . , ? 
the defects of the goods , then they would be ' - ' ' * ^ 

blessed in their bargain, and if they told lies <>; 

and hid some facts, their bargain would be . . * ^ . >».. h , 

deprived of Allah's Blessings." y " U ( ^ ^ «T 

2111. Narrated 'Abdullah bin 'Umar ^ 4>l lli llijl>- - 

u& au\: Allah's Messenger ^ said, "Both e . ^ . * • > 

the buyer and the seller have the option of ^ 1 * ^ 

cancelling or confirming a bargain unless ill! j>*f5 Crf 5^ Ir^ 

they separate, or the sale is optional." (See .j^^g ^ , j'- £f 

/taM No. 2107). ' ° m ' 0y ^\ ^ ' 

(45) CHAPTER. If the buyer and the seller t^U? UaJ^I til uiL (to) 



give each other the option of cancelling the 
bargain immediately after the bargain is 
made (while they are still together), the 
bargain is rendered final (even if they did not 
separate) . 



34 - THE BOOK OF SALES (BARGAINS) £jJI wtf - Tl 



189 



2112. Narrated Ibn 'Umar 54» i ^3 : loJb- : UjJb- - Y U Y 
Allah's Messenger M said, "Both the buyer > . „ . • - * -ft. 

and the seller have the option of cancelling or J C ^ 

confirming the bargain as long as they are still j|| 4l)l Jj-ij l«4-U 4)1 J^fj 

together ; and unless they separate or one of s.ir ~, - ,r, "... " 

them gives the other the option of keeping or ^ - ' ^ • s 

returning the things and a decision is li^iS Li jW*^ ^4^? -J^b 

concluded then, in which case the bargain is . >>^f *f 1 

considered as final . If they separate after the ^ ' " " * 

bargain and none of them has rejected it, <-*>~j ^ ^iUi L*jLi ^■ S J\ 

then the bargain is rendered final." . ^ \\ • >^ ti 

<Urj ^ £p\ ^>4^? ^[r~ 



[rw :^ij] -«^Jl 

(46) CHAPTER. Is selling permissible if the jL*ll* £Ul jtf ill 4*L (tl) 
seller has the option of cancelling the ?*°'t| • V 

bargain? ^ ^ 

2113. Narrated Ibn 'Umar 1*4^ ^ l >f3 : OH 
The Prophet ^ said, "No deal is settled and 
finalized unless the buyer and the seller 



4)1 Jlp j-p *.jLli LJjb- 



separate, except if the deal is optional 4)1 ^>f>j jj! tjL: ^ 

(whereby the validity of the bargain ^ ' „V | ' ^ 

depends on the stipulations agreed upon)." ^r^' ^ J y 

2114. Narrated Hakim bin Hizam %\ • (i^***) — Y ^ ^ i 

Hp: The Prophet ^ said, "Both the buyer ^. c , ^ ^ , ^ ' 

Uj JL>- t p UiJfe Uj JL>- ! ju>- 

and the seller have the option of cancelling or \ ' 

confirming the bargain unless they separate." 4)1 JlIp tJJ^i* ^ if 

The subnarrator , Hammam said, "I found ^ , cl e ' - UJ| 

this in my book : 'Both the buyer and the ^ J & ^ L ^ 

seller have the option of either confirming or j I » : J 15 ^ I j i :<up till 

cancelling the bargain three times, and if • *l^JL J 15 (di*^ L>JL 

they speak the truth and mention the defects , ' C * ^ -i - - * 

then their bargain will be blessed , and if they ^ *>tf - j LiiJ » : ^ ^ o ju>-j 

tell lies and conceal the defects, they might . . > t > . . - 

gain some financial gain but they will deprive ^ " ^ - i 

their sale of (Allah's) Blessings." jl Uj5 j LA5 jlj t U^IJ 



34 - THE BOOK OF SALES (BARGAINS) £jJI wtf - Ti 



190 



^jL>Jt ^ <3bl jlp ill *£^r^ 

(47) CHAPTER. What is said if somebody \£l IS* (tV) 

buys a thing and gives it as a present to ^> *j °. | 

someone else at that very moment before \ ^ ^ " ^ 

separating from the seller, and the seller has IjUp ^ gjd&ft £^ 

had no objection to the buyer's action ; or if ^Sipti 
someone buys a slave and then manumits 
him? 

Tawus said that if somebody bought a 5iLJ I i£ ^ j It J IS j 

thing with mutual agreement and then sold ^ . ^ * J lVj | 

it , then that was his property and the profit ^rTJ • ^ . f > cr* 

would be for him . . 4J I j 

2115. Narrated Ibn 'Umar fti hJJb- : ^jliiJl Jlij - Y \ \ 

We were accompanying the Prophet sg on a 
journey and I was riding an unmanageable 



- ^ > . - * a ^ . ; * . • 1 * * 

J-*P ^1 i J joS- UjJ&- lOtji-X 



camel belonging to 'Umar <S %\ ^j>j , and I ^ :Jli 33t* 1 t>*fj 

could not bring it under my control. So, it , «^ olSo * ^ 

used to go ahead of the party and 'Umar ^T*^ ^1 i*^ ^ 

would check it and force it to retreat, and ^Ul ^Jl£lS ^J^ju <jl£s ^ilJ 

again it went ahead and again 'Umar forced it U > . , r > * ^ s i >£ v r 

to retreat. The Prophet m asked. 'Umar to ayr ^ ^ ^ 

sell that camel to him. 'Umar replied, "It is : ^iil $|| * s p\ JUS t o^Jj ^ii- 

for you O Allah's Messenger!" Allah's if " ' -.r , > 

Messenger sg| told Umar to sell that camel ' ^ — ; 

to him (not to give it as a gift). So, 'Umar ipLi t«<^Ju» : <1| <Sil J>~* j 

sold it to Allah's Messenger «. Then the _ 3 ^ # \ j , . . 

Prophet ig said to 'Abdullah bin 'Umar, S^T 1 uws a? 

"The camel is for you O 'Abdullah (as a 4j if. 5^' ^ ^ ^ 
present) and you could do with it whatever 
you like ." 



2116. Narrated 'Abdullah bin 'Umar ^ Jlsj : <b I Ju^ J>\ J IS - Y ^ ^ 1 

UJIp 4b 1 : 1 bartered my property in Khaibar (1) > ,oiS ii ^ - ■ t °h\ 

to 'Uthman (chief of the faithful believers) o^^ 1 ^ • 

for his property in Al-WadT (2) . When we j> ^JL- t^lgJi ^1 ji- 'jJ^- 



(1) (H.2116) Khaibar is six stages to the north-west of Al-Madina. 

(2) (H.2116) Al-Wadi is a district near Al-Madina. 



34 - THE BOOK OF SALES (BARGAINS) £j*JI ujtf Xt 



191 



finished the deal , I left immediately and got yj> j ^ <b I Jup ^p t <b I Xs> 
out of his house lest he should cancel the 
deal , for the tradition was that the buyer and 
the seller had the option of cancelling the I yj^j J Up jlUp 
bargain unless they separated. When our >. ,. ' ( * >^ 

deal was completed, I came to know that I ^ ; * ; - ' * 
had been unfair to 'Uthman, for by selling Jis>- ^Jts- { Js* cJc>-j tlli 
him my land I caused him to be in the land of 
Thamtid, at a distance of three days' journey 

from Al-Madina, while he made me nearer ^JuLuJl jl aLLJI cJISj <, 
to Al-Madina, at a distance of three days' ' ±\ ..s^. * . tl 

journey from my former land . ^ * - - ' ■ 

^LjlUI ^1 ^yiL* j JU 

[t w i^ij] .JU o*>& 

(48) CHAPTER. What is disliked as regards ^ ja I'JZ U 4*b (iA) 

cheating in business . * _ 

2117. Narrated 'Abdullah bin 'Umar ^ ^ 41 jlp tiili - t > \ V 
Up &i : A person came to the Prophet jjg and 
told him that he was always betrayed in 



<ul Jup tdUU L^>-i : Jjiijj 

purchasing. The Prophet^ told him to say at yj?j "^S ^» <ul jup ^p c jLo 

the time of buying, "No cheating." (i.e., he -"^ „ - • , . *? >I 

has the right to return it if found ~ J SfT ^ - J 

undesirable) . lil » : J <. £^~J ' ^ ^ 

[*mi itiU t Yi*v 



(49) CHAPTER. What is said about ijlp^l ^ U 4»L 

markets . Li! " ' ^ 1 ° tf J I Jup J U 

And narrated 'Abdur-Rahman bin ' Aof : " ^ J 

On our arrival in Al-Madina , I asked whether <jj ^ JlA ; [ cJLi ] t o JuJ I U» Ji 

there was a market of trading. Somebody ^ > 

. f LaJUJ tj ! (J Las : 5 ; b>*J <lj 

said, "There is the market of Qainuqa 4 ." C % - ~ ^ - 

Narrated Anas: 'Abdur- Rahman said, : Cr^~J\ ^ u!^ Jli j 

"Show me the market." And 'Umar said 

"Trading in the market diverted my attention 



^IfrJl :^1p JUj .(i^Ul ^^ip 



(from better things) ." . <j 'j-^^ ^ ^aJJI 



34 - THE BOOK OF SALES (BARGAINS) £$J! H tf ' ri 



192 



2118. Narrated 'Aishah %\ ^y. JuJ*J ^Jb- - YUA 

Allah's Messenger ^ said, "An army will ^ , 't^Ll^t * \ a !U\ \ 

invade the Ka'bah and when the invaders ' J ^ ^ * * C • 

reach Al-Baida' , all the ground will sink and ^ ^ U t 1 Jul^ 

swallow the whole army." I said, "O Allah's ^ ' 

Messenger! How will they sink into the ' ^ S?^ V' ^ 

ground while amongst them will be their 43b \ Jj-ij J 15 :cJli Iglp 2ul ^f j 

markets (the people who worked in business . > ,r,. * <^ ^ 

. t \fn * i i Ivo bis t<u*SOI , JL>- :3gg 

and not invaders) v ' and the people not ^ * u " ^ " 

belonging to them?" The Prophet ^ p-flj^ I ^ £lJUo 

replied, "All of those people will sink but % . , > \i ' . - - 

they will be resurrected and judged according " " ^ X'-T-^ 

to tli intentions." ^ y>-\j ^j^> <JuJ*j <S££ &4)1 

^(»4^ (S^j '3-^ p-fcjj 

2119. Narrated Abu Hurairah & 5&i ^ : Lijb- : X^Jo- - Y U ^ 
Allah's Messenger M said, "The f . - .-"In - * 
congregational Salat (prayer) of anyone ^ ^ cr— j^-j-^ 
amongst you is more than twenty (five or <cp 4)1 ^^fj t/i' <-£-!U^ 
twenty-seven) times in reward than his Salat > , „ „ ^ a. \ > - * 
(prayer) in the market or in his house , for if " J ' 

he performs ablution perfectly and then goes 4j*>L> ^^JLp Aj^ jpL^- ^ p-^*^ 

to the mosque with the sole intention of 1^'$ r * j.,^, ^ ^ ^ 

performing the Salat (prayer), and nothing Cf~j~*%3 . feJ L5 3 

urges him to proceed to the mosque except j-^-li L^»jJ lil <SL> dLJij 

the 5a/af (prayer), then, on every step which ^ ^ > ^ j ;j | : i d ^ - ^ ^J) 

he takes towards the mosque, he will be * * ^ f "^^r 

raised one degree or one of his sins will be -k>J 5%SaJl VI V 3!>CaJi 

forgiven. The angels will keep on asking *\ "* ^\ t ^A^. 

Allah's Forgiveness and Blessings for ^ ^ 4 Cf J * °-^ a ^ 

ever/one of you so long as he keeps sitting . aLL>- L^> 4^p 
at his praying place. The angels will say, 'O 
Allali, Bless him! O Allah, be Merciful to 

him!' As long as he does not do Hadath or a j^iJ I <, aJLp ' <■ ^ cJ^i 
thing which gives trouble to the other." 
The Prophet #| further said, "One is 



(1) (H. 2118) The Arabic word for 'markets' occurs in some narrations in the from of other 
v/ords which are also probable . Those probable words stand for such words as 'nobles' 
or 'other people.' 



34 - THE BOOK OF SALES (BARGAINS) yfctf - Xi 



193 



regarded in Salat (prayer) so long as one is U o*>L^ ^ : JlSj . «<ua 

waiting for the Salat (prayer)." 



2120. Narrated Anas bin Malik & iui : ^ I ^ ^ St LJji>- - Y \ Y • 
While the Prophet ^ was in the market, \. > , . > 
somebody called, "O Abul-Qasim." The ^ 

Prophet s§g turned to him. The man said, "I dUU ^ ^1 ^p 4 Jj^laJl 

have called to this (i.e., another man) ."The \ ^ c 15 -Jli > - 

Prophet ^ said, "Name yourselves by my ^ - J ^ a ^ 

name but not by my Kunya (surname). (In t^UJ! LI L : J>-j JUi JjjJlJl 
Arab world it is the custom to call the man as , * - - ir> , a. t - ^, 

the father of his eldest son, e.g., Abul- * ^ ~ * 

Qasim.) I^t^n jUi 4 Ijjb o^pS 

[See Vol . 4 , Hadlth No .3537) . . 

[row jni 

2121 . Narrated Anas ilp <bi ^3 : A man at j_> JJJ U> UL*JL>- - Y \ Y ^ 
Al-Baqf called, "O Abul-Qasim!" The 
Prophet #| turned to him and the man said 
(to the Prophet sg) , "I did not intend to call LpS : Jli aIp ib I ^> j I ji- 
you." The Prophet said, "Name . . f " ' 
yourselves by my name but not by my Kunya P • - CT^ ; ^ J 
(surname)." : J IS tiiipl p : JUi ^ ^1 

[YH« r^lj] 

2122. Narrated Abu Hurairah Ad-Dausi jup ^ ^ l£U - YUY 
ilp &l Once the Prophet went out 
during the day. Neither did he talk to me nor 
I to him till he reached the market of Ban! 
Qainuqa' , and then he sat in the compound 
of Fatima's house and asked about the small 
boy (his grandson Al-Hasan <S iui *>^j) but «g| ^Jil :JIS Hp &I 
Fatima kept the boy in for a while . I thought ^Jj-f " ^ jSS&Z N ulil "^Lt ' 
she was either changing his clothes or giving ^ sT^^ J 4^ ^ 

the boy a bath . After a while the boy came J~i>«i ^t£i ^ 1 ^^p- 

out running and the Prophet embraced 
and kissed him and then said, "O Allah! Love 



- > 1 M .o- " - f 



him, and love whoever loves him." L^Jl villas l^i ^lIIAs 



(1) (H. 2120) Kunya means calling a man : O father of so-and-so! Or calling a woman : O 
mother of so-and-so! And this is a custom of the 'Arabs. 



34 - THE BOOK OF SALES (BARGAINS) fcjJI ytf - U 194 



^J*>- JLL~j *1>«J C aJL^xj jl bU*- 



a!>-\ jLJjJl 9 :JUi iilij SjljIp 

^ £^ ^ij <u! .41)1 

2123. Narrated Naff : Ibn ( Umar &i ^3 llili - t \ Yr 

L<4^ told us that the people used to buy food *| • 

from the caravans in the lifetime of the ' °- rW? " - 

Prophet sg. The Prophet 5g used to forbid llJb- : ^iU v^p t^ip 
them to sell it at the very place where they • . , * * **t ^> > , 

had purchased it (but they were to wait) till i ^ J ^ ( - r * 

they carried it to the market where foodstuff s|§ j^l) 1 Jugi- ^Lp o L5 jJ 1 
was sold . 



> . / ; > \>, * >l^> i 
t tm t nrv t nn -.j&w .^U^Ji 

2124. Ibn 'Umar uji* fti ^5 said, "The j^p ^jI L5Jb-j : JIS - Y N Y fc 
Prophet £ also forbade the reselling of ^ , * i - JIS Uilp ft I v^j 
foodstuff by somebody who had bought it ^ ^ " u 
unless he had received it (all the measure JL?- oi^Lil lil j»UJaJl ^Lj ol 
which he has bought) in full measure ." 

<3 ^Ui 



(50) CHAPTER. The dislike of raising voices ^ u-^LlJi ilfclji' (° * ^ 

in the market . 



2125. Narrated 'Ata' bin Yasar: I met : jL*. ^ JU^i - Y^Yo 

'Abdullah bin 'Amr bin Al-'As and asked M , . . . , . ^ e r> , 

him. 'Tell me about the description of ^ ^ 

Allah's Messenger ^ which is mentioned in j> <u1 JLp :Jli jLw ji 

the Torah." He replied, "Yes. By Allah, he ... 

t <U 1 "-s^> j bo I V 9 w*P 

is described in the Torah with some of the J "-r Sf 

qualities attributed to him in the Qur'an as 4il dy>j ^ ^jr^ : 

follows. ^ i L>- 1 ; J li .olVaJl j 

'O Prophet! We have sent you as a witness - ' cr * - ^ v - 

(for Allah's True Religion) and a giver of ^ oL*f S l^jiJ I ^ j^^ii 

glad tidings (to the faithful believers), and a j^jj' -ft ^'L ;oT°Jjl 

warner (to the disbelievers) , and guardian of & > ^" " J 



34 - THE BOOK OF SALES (BARGAINS) £$JI Xt 



195 



the illiterates. You areyNfy slave and My bj-^J tr^J 

Messenger. I have named you AUMutawakkil . > c ?| „ **VlS 

(who depends upon Allah). You are neither ' ltJ^U ti t ^r p ^-*-> 4 u---^ A - 

discourteous, harsh, nor a noise-maker in the JLL J^ll -J^3^' dJLil^-J- 

markets , and you do not do evil to those who - ■ . I , , . , f - v , - ,. . r 

do evil to you , but you deal with them with / , - ; 

forgiveness and kindness. Allah will not let infill! pZLiL £iJb ^ j 

him (the Prophet jg) die till he makes , * > A . > - ^ , . 

straight the crooked people by making them \ / ~ t - r 

say : La ildha iilalidh (none has the right to be M[ ill ^ : '^^d oIj UJl 
worshipped but Allah) with which will be 
opened blind eyes, deaf ears, and enveloped 



hearts.'" . « Jl»^iSj 

(51) CHAPTER. Weighing or measuring ^LJl ^JLp JJjji 4»Lj 

goods is to be done by the seller or the giver. ' ' ^ylaAill 

And the Statement of Allah j^-j 5^ : ^Jlt 6^ :J^-j <Iil J^ij 

"And when they have to give by measure ^ ^jikji] 4(fSV y \ 
or weight to (other) men , give less than due * ^ f^-fcb J 

(V.83:3) .p' l^jj jl l^'tf ^ 

The Prophet Jg said, "When you receive f ;> ^^^k . j.^ 

what you buy by measure, let it be exact full * J - " J 

• M ipi Juj IjLjl: 



measure. 

Narrated 'Uthman fti ^3 that the 

Prophet #| told him, "If you are the seller, 

you have to measure, and if you are the j§| I jl : <up ill oUip 

buyer, then let the seller measure for you." - — i" r ■ - . .r,. 

' ' c~ol blj t Jxs cjl bl» : Jli 

2126. Narrated 'Abdullah bin 'Umar 4)1 x£ ii&U- - Y \ Y 1 

UJIp 4ut : Allah's Messenger jjfc said, "He who 8 . * lt »f > 

buys foodstuff should not sell it till he takes C ^ ^ ~^ 

all the measure which he has bought in full % \ j & I 



34 - THE BOOK OF SALES (BARGAINS) £>J! wtf - tt 



196 



2127. Narrated Jabir^&i 'Abdullah - Y>YV 

bin 'Amr bin Haram died and was in debt to . , , \ ^ . ^ ^ . > , . ^ . 

others. I asked the Prophet ^ to intercede ^ ^^f^ ¥ ^ ^ S-jr 

with his creditors for some reduction in the jlp :Jli ks- %\ ^l>- 

debts. The Prophet M requested them (to s,* . ^ * * A . 

reduce the debts), but they refused. The ^f' " J *\ ^ ^ JJ : ' 

Prophet £g said to me, "Go and put your jl aSU^p ^Js- 3|§ c^JcZ>\i 

dates (in heaps) according to their different , * u , r r r » , > ^ 

kinds, the Aiwa on one side, the cluster of ~ J * ^ ^ 

Zaid on another side, etc., then call me." I ^JJI JUS .1^1*^ ^ ^Jl 

did that and called the Prophet M . He came ?r . . f n • : • ■* . r * - ? . » ^ 

and sat at the head or in the middle of the * - 3 

heaps and ordered me, "Measure (the dates) Jjj ^1 (JJlpj t 5Jb>- ^^Lp o^iJl 

for the people (creditors)." I measured for > , „ .f , - 

them till I paid all the debts. My dates */s r ^ - /-^ 

r mained as if nothing had been taken from £LAi 3§§ ^\ cJLC-ji p 

Mother narrations, Jabir said: The ^ ^ ^ ^ 

Prophet i§ said, "He (i.e., 'Abdullah) JU- . : JLi 

continued measuring for them till he paid >'*y <, : '„ ^ .? >»*'*\ 

all the debts." The Prophet said (to * ^ ^ J ^ /f; 

'Abdullah), "Cut (clusters) for him (i.e., ^ p 

one of the creditors) and measure for him in . * • 

full." "^rr* - 



t^Lla Jl5j .oiSl ^ 

[iyo. t ^»or t roA* 

(52) CHAPTER. What is considered ^ L^A. ^ 

preferable regarding measuring. 

2128. Narrated Al-Miqdam bin Ma'dikarib ^ liili - T \ YA 

ilp *ui The Prophet ^ said, "Measure . . jJ'Jl biju^ * ' * 

your foodstuff and you will be blessed ." ^ *" ^ L "'^ ' 



34 - THE BOOK OF SALES (BARGAINS) yltf Xt 



197 



it ^ <>f 3 V 

(53) CHAPTER. Allah's Blessing in the Sa' ^ {J}\ £l> aS^ (or) 
andMud^of the Prophet sg. 



This has been narrated by 'Aishah £>i ^3 ^ t>^j ^ 

l*!* on the authority of the Prophet ' " tf 

2129. Narrated 'Abdullah bin Zaid &i ^3 ijjU. : ^ ^ l£U - YH^ 

The Prophet 3g said, "The Prophet , , 9 , ;s , 

Ibrahim (Abraham) made Makkah a ^ J ^ ^ : ^* J 

sanctuary, and asked for Allah's Blessing in jIp ^p tj^jLilVl ^-^5 ^ j& 

it . I made Al-Madina a sanctuary as Ibrahim 9 s. , " ^ ^ , " 
made Makkah a sanctuary and I asked for ^ ^) & * 

Allah's Blessing in its measures - the Mudd IpS j ax^ ^ 
and the Sd* as Ibrahim did for Makkah." 



4H 

» 



Uj^ ^ l^J o^pSj ^ r^^i 

2130 . Narrated Anas bin Malik &i ^3 : ^ 4i I jlp ^JL>. - Y \ T * 
Allah's Messenger said , "O Allah bestow - . . / . . . ; , r . „ 
Your Blessings on their measures , bless their ^ I & / U ^ 4 
Mwtfc/ and Sd'." The Prophet §| meant the ^ ^Jl ^p t^US <iil jlp 
people of Al-Madlna. 1 ' , „ « c >• . ' „ 

^ ^ ^ (tiLlB :Jli i| 
[vm t ivu 

(54) CHAPTER. What is said about the fU£)l ^ \ J U 4»L» (oi) 

selling of the foodstuff and its storage . ' ' " >, > 

2131 . Narrated Salim that his father said , ^ J L>^l - Y > r \ 

"I saw those who used to buy foodstuff ^> ' ' jU'Jl M * ' I'* 
without measuring or weighing in the lifetime 4 ^ ^ ' 



34 - THE BOOK OF SALES (BARGAINS) 



y tf - rt 198 



of the Prophet £££ being punished if they sold 
it before carrying it to their own houses " 



2132. Narrated Ibn 'Abbas uJ-p &i 
"Allah's Messenger forbade the selling of 
foodstuff before its measuring and 
transferring into one's possession." I asked 
Ibn Abbas, "How is that?" Ibn 4 Abbas 
replied, "It will be just like selling money 
for money, as the foodstuff has not been 
handed over to the first purchaser who is the 
present seller." 



2133. Narrated Ibn 'Umar 14* &l c^j'- 
The Prophet ^ said , "He who buys foodstuff 
should not sell it till he has received it." 



2134 . Narrated Az-Zuhri on the authority 
of Malik bin 'AOs that the latter said, "Who 
has change?" Talha said, "I (will have 
change) when our store-keeper comes from 
the forest." 

Narrated 'Umar bin Al-Khattab &i 
LiS: Allah's Messenger |jg said, "The 
bartering of gold for gold (1) , is Riba, 



8 (1 tl * * I* 5 * * ' 

[rur : ^1] 
is) if ^ 4 ^J^ 

[mo : ^1] 

jlL^ ^ <ul jup L?jl>- LJjlp- 
^ $\ Oli L4^ 

LJjb* l£U - y\rt 



(1) (H. 2134) Some said, "Gold for gold. 1 



34 - THE BOOK OF SALES (BARGAINS) wltf - XI 



199 



(usury) , except if it is from hand to hand and ^* o Liaii- ^ jj 1 : j UL* J U 
equal in amount , and wheat grain for wheat . - * • 

grain is Riba except if it is from hand to hand / ** ' ^ - . 

and equal in amount, and dates for dates is <ol : JiJU 

Riba, except if it is from hand to hand and „ 
equal in amount; and barley for barley is 



except if it is from hand to hand and : JU 5&I J jj-j 

^[S^KMM^Fadl in the glossary]. j^^'j ^ JU ^ ^ ^ 

\jj j-iJU tfrUj *U Ml 

[TWi JW» £U Sfl 



(55) CHAPTER. The selling of foodstuff fU£j| ^ ^ib (00) 

before receiving it, and the selling of a thing V* °\ r # ' 

which you don't have. (1) ^ & J ' 

2135. Narrated Ibn 'Abbas u# &i jlp ^ ^ l£U - Y\Vo 

The Prophet forbade the selling of . ?, °. > . r* j, , 

foodstuff before receiving it . I consider that - ' 

all types of sellings should be done in the j\Ls ^ j J*s> oUiii- 

sameway. 5. \ % , / >. r > , 

* ' ' „ ^~ ' 



. 'It 



2136. Narrated Ibn 'Umar u# ft I ^y. ^ 4>l alp UjJUi- - Y\V*\ 

The Prophet^ said, "The buyer of foodstuff . ?' JjJ^ ■ liili 

should not sell it before it has been measured 1 0* 1 

for him." Isma'il narrated instead, "He jl : L<4^ <&\ CffJ 

should not sell it before receiving it." r * 1,^ 

& *>U UU^ ^bul :JU 3§g 



(1) (Ch. 55) If one buys foodstuff for one pound and sells it for two pounds before 
receiving it from the first seller, the transaction is illegal for it is usurious, for it is as if 
one bartered gold for gold, one pound for two pound. It is also the sale of something 
absent for something present which is also illegal . (Al-Qastalani Vol . 4) . 



34 - THE BOOK OF SALES (BARGAINS) £jJ» y Ti 



200 



(56) CHAPTER. Whoever had the opinion ^yLil 4^ 

that whoever bought foodstuff without % > « ^ • | ^ ^jjj; 

measuring or weighing (blindly) should not ^ J ^ 

sell it before bringing it into his house ; and . dUi ^ ^iSl I j t 

the punishment for whoever disobeys this 
order. 

2137. Narrated Ibn 'Urnar &i ^j: I : j» J^t tti>- - t M"V 
saw the people buy foodstuff randomly (i.e., / ^ ^ . * > . - 4 ^liii 
blindly without measuring it) in the lifetime 4 ^ " 

of Allah's Messenger #| and they were -Up ^ ^JL- ^jr^ : <J^ 

punished (by beating) , if they tried to sell it . > • ^ , . ^ ^ > - t * t . ^ 
before carrying it to their own houses. \ , 

(57) CHAPTER. If somebody buys some £lS jl lij 4*L ($V) 
goods or (an) animal and let it with the .{ ^ ^ .f U) ^ >^,x 
seller, or it dies before he takes it into his ^ v * ^ 
possession . * 

Ibn'Umar u^iii^ said, "If at the time : L<4^ i>fj <J^J 

of the transaction the sold animal is living , >r f > . - * u r 

and then it dies while still in the custody of ^ ^ - 

the seller, then the buyer is the loser." . ^lillll ^ 

2138. Narrated 'Aishah qii- %\ j^y. ^\ ^ ijj - V\YA 
Rarely did the Prophet fail to visit Abu , . . > > ^ ^. — <> ^ . ^ 
Bakr's house everyday, either in the morning ^ 4 ^ ^ ' * 

or in the evening. When the permission for j ii5lp tol t ^LLa 

emigration to Al-Madina was granted, all of w fc ' 15 * °' ^lij * cJlS Uli> Jil 

a sudden the Prophet H came to us at noon ^ ; ^ s 

and Abu Bakr was informed, who said, ^1 cJj aJ Nl j|g ^iJl l5 1p 

"Certainly the Prophet « has come for jjf ^| ^ " ^ 'if O 

some urgent matter." The Prophet said tf ' , ' * , * ' 

to Abu Bakr, when the latter entered, "Let Nl Lp^J aLjuJI ^j^Jl ^ 

nobody stay in your home." Abu Bakr said, y, *\ &j ' ' \ Ulj! j5 

"O Mah's Messenger! There are only my 'r ^ J 

two daughters (namely 'Aishah and Asma) oJla ^ ^ ( ^JJI U :Jla3 
present." The Prophet jjg said, "I feel (am 



34 - THE BOOK OF SALES (BARGAINS) £$JI cjtf ft 



201 



informed) that I have been granted the jiS Uli jfi ^1 apLLJI 

permission for emigration." Abu Bakr said, . . . * ' {, - 

"I will accompany you, O Allah's & C/^ Jb - 

Messenger!" The Prophet #| said, "You UJl t4l JjJ-j L :JU . «*JjlLp 

will accompany me." Abu Bakr then said, "O .? ^ , 

Allah's Messenger! I have two she-camels I " JU *"^ ^ U ^ " ^ • ^ 

have prepared specially for emigration, so I J iil ij Z\ o^iiU :JIS 

offer you one of them ." The Prophet 2g said , > J • * i ■ "t r c > > \ 

"I have accepted it on the condition that I will J -^ J - :JU "'C^ 1 

pay its price." L :Jli t «^AjaJl» : Jli t4il 

. «^JjJLi L^jju>-I jlJ» :JU 

(58) CHAPTER. A seller should not urge £ Js> g& ^ 4^ (° A ^ 

somebody (in case of optional sale) to cancel - # '„ lp ' N 

a bargain the latter has already agreed upon ^ • " - f ^ 

with another seller so as to sell him his own . h'Jj j] a} 

goods ; and a buyer should not urge the seller 
to cancel a bargain already agreed upon with 
another buyer so as to buy the goods himself, 
unless they are given permission in both 
cases, or the bargains are cancelled with the 
willingness of both the seller and the buyer. 

2139. Narrated 'Abdullah bin 'Umar ^ :JU J^p Uil l&U - 
U«l* Allah's Messenger^ said, "Do not ^ ^ . „ 

urge somebody to return what he has already ^ ^ \^ c Cr ^ *" - 
bought (i.e., in optional sale) from another J jJ-j jl : <ul j ^i- ^1 
seller so as to sell him your own goods." 8 vf " . . . 

[our t YHo : J* I] ^ 

2140. Narrated Abu Hurairah & fti ^3 : : 43blj4p jj ^Js- - tU» 
Allah's Messenger g$g forbade the selling of , . * . >' { 
things by a town dweller on behalf of a desert ^ ' ^1*^ • - 
dweller; and similarly Najs^h^ was S^eS* ^ J* <■ ^.llll 1 jj! Jl^ 



(1) (H. 2140) Najsh means to offer a high price for something without having the intention 
to buy it but just to cheat somebody else who really wants to buy it . Such a person may 
agree with the seller to offer high prices before the buyers to cheat them, in which= 



34 - THE BOOK OF SALES (BARGAINS) gjJI utf - Xi 202 



forbidden. And one should not urge 4)1 J ^ :Jli 4i£ iSbl 
somebody to return the goods to the seller ^ * . ^ ■ M 

so as to sell him his own goods ; nor should J ' ' " ^ CrT 1 ' - J 



one demand the hand of a girl who has ^ ^ ji^l ^ Jj^rLi 



already been engaged to someone else ; and a 

woman should not try to cause some other ^ , ^ % ^ 

woman to be divorced in order to take her U& ifeM sl^Ji JH5 

place * t no. t nu ^ U 

\y\ * ^ t o > or t out 

(59) CHAPTER. Selling by auction . 4*M 

'Ata' said, "I saw the people seeing no N J^uJl :?UaP Jlij 

harm in selling war booty by auction." ^JUlSl L*L bj^ 

2141. Narrated Jabir bin 'Abdullah ^>3 ^ l&U - YU> 

14^ : A man decided that a slave of his would i."tf , ii V- . . — **. f 
be manumitted after his death and later on he 

was in need of money, so the Prophet^ took ^3 ^ ^p tc-^SUl 

the slave and said, "Who will buy this slave . \ Jjb 1 - * " *uj 1 jlp * U- 

from me?" Nu'aim bin 'Abdullah bought him " ^ ^ J ' ' *^ - . 

for such price and the Prophet ^ gave him . yi <d !>U-j 01 

thes,ave - ^» :3Ui *g *^JI ilS-li g-btU 

JLP ^ |^ o 1 L9 « ^ ^jLa Ajj^j 

t ron jno t u«r iyyr\ t m« 
[vua t -i<uv t ivn 

(60) CHAPTER. An-Najsh a) and whoever ^ :<3lS ^ i^r^Jl < v > 
said : "A bargain carried out in such a way > 
(Najsh) is not valid." C?^ J ^" i 

D?n Abl Aufa said, "One who practices ^>*u!l ^^jl ^\ ^ J^j 

Najsh is a i&'fca-eating traitor." And such a ^ £ 'isT 

practice is a false trick which is forbidden, ^ * £~ ' * ^ ^ 

and the Prophet ^ said, "Deception would <y axjO^JD) ^Ul J 15 . 



==case both this man and the seller are sinful . The seller may falsely tell the buyer that 
he (i .e .the seller) has previously bought the goods at a certain price which is in reality 
higher than the actual price . 
(1) (Chap. 60) An-Najash : See the glossary. 



34 - THE BOOK OF SALES (BARGAINS) £j*JI ytf - rt 203 



lead to the Fire (Hell) and whoever does a aIIp Stii- J^i- j^j t jllll 

deed which we have not ordered (anyone) to t . ^ r ^ . t 

do (or is not in accord with our religion of * ^ ' ^ 

Islamic Monotheism) then that deed will not 
be accepted " [See Hadlth No .2697 . Also see 
FathAl-Bari] 

2142. Narrated Ibn ( Umar up iiii ^ <jbl xJ> - Y MY 
Allah's Messenger £g forbade Najsh. „ , , * . , , , : fi 

:Jli 33b 1 

(61) CHAPTER. ^/-G/wrar (the sale of what aL^JI J^-j ^ £U (*0) 
is not present) (1) and Habal-il-Habala (i.e., 

the sale of what is in the womb of an animal) . 

2143. Narrated 'Abdullah bin 'Umar ^ ^ <i1 xS llijU- - Y \ it 
Up 5b I : Allah's Messenger ^ forbade the i*"'f ' 

sale called Habal-il-Habala which was a kind 'Cr ^ ttLU > ***** : ^J* 

*• 

of sale practised in the Pre-Islamic Period of I ^-f j ^ *!> 1 X** ^ 

Ignorance . One would pay the price of a she- , . " „ - ^ * \ \ * ' *\ • \ **' 

camel which was not born yet, and would be ^ ^ - J ^ ' 

born by the immediate offspring of an extant ^Sr± UIJ jlSj til^Jl Jli- ^ 

she-camel. > r ,. * > tf - „ fi ' > 

sf ii.tf.. ! f ti - ' - ti 

[TAtr t YYoi : ^i] . ^ ^1 

(62) CHAPTER. Al-Limas or Mulamasa ili^iJl ^ lSL (1Y) 
sale (2) , i.e., by touching the thing only and 

not looking at it . 

Anas said, "The Prophet forbade it . aIp ^ : Jjl Jli 

(i.e., Al-Mulamasa sale) . 

2144. Narrated Abu Sa'Id ^ &l ^j: ^Iap jl*^, - YMi 
Allah's Messenger $g forbade the selling by * ^ # > f. ;<s 



(1) (Ch . 61) As an example oiAl-Gharar sale is to sell fish that are still not caught or a bird 
that has not been caught yet, etc. 

(2) (Ch . 62) The sale of Mulamasa has different forms : The sale becomes valid on the 
buyer's touching the clothes without checking or looking at them. For example, one 
brings a folded garment, or in the dark and the buyer offers a price and the owner of 
the garment says, "I sell it to you on condition that you will only touch it, not see it, 
and if you see it, you have no option to cancel the sale." 



34 - THE BOOK OF SALES (BARGAINS) fcjJI ytf - Xi 



204 



Munabadha i.e., to sdi one's garment by : <J^ CfJ <J* 

casting it to the buyer not allowing him to %\ - ju^f ]f\ %\ jJL* - ' U 

examine or see it . J*^** ' tf f * ,i ^ t 

Similarly he forbade the selling by Jfc j|| «jb1 dyj d\ 

Mulamasa. Mutiimasa is to buy a garment, >,,i \^\\ * t sjJll£jl 

for example, by merely touching it, not ^ r^^ 4 &\ - J t? ' - 

looking at it. j\ V* O' J> J^j t>l 

[riv i^ij] 

2145. Narrated Abu Hurairah <S %\ ^ : JLp LSjl>- : 15 J*- - Y \t o 

The Prophet £i forbade two kinds of i a , > . , > if , . . * . t , 

dressing; (one of them) is to sit with one s " v - , 

legs drawn up while wrapped in one garment . : J 15 aip 4b I j c5i ' 

(The other) is to lift that garment on one's *\JJ\\ - 6 ' m t . °- ", fl j f " - ■ 

shoulders. And also forbade two kinds of ^<f^ ^ 

sale : Al-Limas and An-Nibadh . ^^Ip 4*5^ J>- I^J I 1 

[riA i^ij] .ilillj 

(63) CHAPTER. Selling by Munabadha . .SJllull ( nr) 

And Anas said, "The Prophet m forbade ^ , ^ T * rf 

suchsale." ' & ^ JUj 

21.46. Narrated Abu Hurairah 2*41^: :J15 ^e^l " YUn 

Allah's Messenger forbade selling by ju^J f ' tdJLIU **!>- 

Muldmasa and Munabadha . L * > * i " ^ *" \ ^ 

^ Wj i** uy*j 0\ • ^ 

2147. Narrated Abu Said & &i : The : JLJjJl ^ ^illp 1^1^- - Y MV 
Prophet ^ forbade two kinds of dresses and 



(1) (H. 2144) The sale by Munabadha is like gambling: Two persons may agree to barter 
one thing for another without seeing or checking either of them. One may say to 
another, "I barter my garment for your garment," and the sale is achieved without 
either of them seeing the garment of the other. Or, one may say, "I give you what I 
have and you give me what you have," and thus they buy from each other without 
knowing how much each has had. 



34 - THE BOOK OF SALES (BARGAINS) wtf - Xt 



205 



two kinds of sale, i.e., Mulamasa and ^p t^iJw lijb- : <^p^ ^ Lijb- 

Munabadha . w" * *&\t 

^) if Ji t ^i^J J, 

(64) CHAPTER. The seller is not allowed to JJmJ ^ 0^ C^- 1 S^ 1 ( ^ 
keep camels, cows, sheep or any other iil^J $ \£ 'im| 

animal unmilked for a long time (so as to * ^ \ " ^ ^ 

get more price by cheating) . 0^"^ <j ^J? j£ I 3 I^Jai) i j 

2148 . Narrated Abu Hurairah LjJi>- : tiai - YUA 
The Prophet £g said, "Don't keep camels , . . . JjiJl 
and sheep unmilked for a long time, for ^ & J**^ 0* 4 - 
whoever buys such an animal has the option Jul Qpfj J) <J^* 4 

to milk it , and then either to keep it or return 'imi"i l - \u „fti *V 

it to the owner along with one Sa' of dates." ^ J ^ >m ^ *^ 

Some narrated from Ibn Sirin (that the Jj^> ^ jJii l$pl2l J^s c^jJJIj 

Propriety had said), "One Sa' of wheat, and 1^ ^ l/J£4J ! f jj^ ""jSi 

he has the option for three days." * °* c ^ uCr^ 

And some narrated from Ibn STrin, "...a . « ^Le j Uoj *Li jlj dLlii 

5<z' of dates," not mentioning the option for jjJ^J *JLi? 1 ' ' xjj 

three days . But a Sa ' of dates' is mentioned in * " ' J Cr S/l ^ 

most of the narrations . ^p j LJ ^ ^ j ^L>5 ^ JJ^J I j 

Jijr? if) <j* ' {{ J^ 
" * s * <>> 

Ip Ls2> » : ji ji I j^p Jlij 

2149 . Narrated Abdullah bin Mas'ud ^ LJjb- : Slli l^IU- - Y > i \ 
<b i : Whoever buys a sheep which has not 

been milked for a long time , has the option of 



\6yo ^) :Jli 



34 - THE BOOK OF SALES (BARGAINS) ^j-N Tt 



206 



returning it along with one Sa' of dates; and ^ jbl Jup jp tjUip j^I Wie- 
the Prophet ^ forbade going to meet the ' . . >? - v. ^ . - * . - 
seller on the way (as he has no knowledge of ^ a 
the market price and he may sell his goods at L£ii S ^lli USy iU>^ 5 Li <j 

alowprice) ' Oi « ^ ^ ^ Uli 

[YUi : Ju\-] J& 

2 150 . Narrated Abu Hurairah JIp a 1 ^3 : ^ 41 aIp- lii^- - Y > • 
Allah's Messenger £g said, "Do not go f * " U"M • ' 
forward to meet the caravan (to buy from it S?; ^ c - 

on the way before it reaches the town). And S^^a ^1 ^ 0* I 

do not urge buyers to cancel their purchases ^ i( . „ 

to sell them (your own goods) yourselves, - ' v ^ - ' 

and do not practise Najsh . A town dweller ^ tjUS^Jl l^it N» :J15 

should not sell the goods for the desert iI-i^m • °- " 

dweller. Do not leave sheep unmilked for a ^ ~* * S-"' 1 

long time when they are on sale , and whoever ijQ j-^^" £^ 

buys such an animal has the option of , ? „ > r , ^ , • , - ' : ' 1 1 

returning it, after milking it, along with a * ^ * V 1 

SrfTof dates or keeping it." ^krfJ <J] c ^44^4 ^' ^ 

[YU« 

(65) CHAPTER. The option of returning an ^ Sl^iiJI *j *U (no) 
animal, after milking it, along with a Sa ( of . *-J- 

dates (as the price of the milk) , if it has been * ^ ^ C 

kept unmilked for a long period by the seller 

(to deceive others) . * ** ' * \:'** t ' v \ * \ 

2 151 . Narrated Abu Hurairah ^ 41 : ^ t * '« 
Allah's Messenger #| said, "Whoever buys a jj\ : ^^>- • j 
sheep which has been kept unmilked for a * * f . . .~ f . - lr > 
long period, and milks it, can keep it if he is £ „ 

satisfied, and if he is not satisfied, he can <ul e^>-l jjj c^>* 
return it , but he should pay one Sa ' of dates . k , - - 

for the milk." ^ J y '\ * 



34 - THE BOOK OF SALES (BARGAINS) 



(66) CHAPTER. The selling of an adulterer 
slave. 

And Shuraih said, "The buyer can return 
him to the owner if he wishes because of 
illegal sexual intercourse." 

2152. Narrated Abu Hurairah il£ &i jj>j : 
The Prophet $j£ said , "If a slave-girl commits 
illegal sexual intercourse and it is proved 
beyond doubt, then her owner should lash 
her and should not blame her after the legal 
punishment. And then if she repeats the 
illegal sexual intercourse , he should lash her 
again and should not blame her after the 
legal punishment, and if she commits it a 
third time then he should sell her even for a 
hair rope." 



2153, 2154. Narrated Abu Hurairah and 
Zaid bin Khalid i , j ' p ibi t>fj: Allah's 
Messenger |g was asked about the slave- 
girl , if she was a virgin and committed illegal 
sexual intercourse. The Prophet said, "If 
she committed sexual intercourse, lash her, 
and if she did it a second time , then lash her 
again, and if she repeated the third time, 
then sell her even for a hair rope." Ibn 
Shihab said, "I don't know whether to sell 
her after the third or fourth offense." 



• i . v °-^i i - 



.u3ji 



iri 



4)1 jIp lilii - Y\oY 



(67) CHAPTER. Dealing with women in 
selling and buying. 



* - - *?t • ' ^1 • ^ * 

<o I . <UP <U I e^j jjfc 

Mj UjdAdi uJj oSlI 

ji J Ifrw^U ill I C^J j j[ . J^i 

,y\or .«^JLi Ij* JI^h 

[1AT^ 4 1AW t Yooo t YYn ^yyyt 

^p cliJU ^JjU :J15 JupU-^I 

JlIp ^1 4)1 JlIp t JjI 

^ 4dJJ ^ 

jg| 4jI J^j jf :1<41p &l ^ 
jl p tLijjd>-li c-Jj jU : J 15 
M : Lg-i I J li . « j : j.,^t ji j 
[1ATA tToon t Y YVY : t Y ^ Y 



2155. Narrated 'Aishah UgJU &i j-^j: 
Allah's Messenger #| came to me and I told 



ijUJl y\ U^U - Y^OO 



34 - THE BOOK OF SALES (BARGAINS) £$JI yttf - Xi 



208 



him about the slave-girl (Barira) Allah's J 15 <>l$j*y\ J* t Jl*liLi 

Me&^nger #; said, "Buy and manumit her, ^ . . t { , | t > * > 

for the WW (l) is for the one who ^ J 0* ^ 

manumits. " In the evening the Prophet #| <|§ -uil j^j {Js- J>o : 1$1p Jul 

got up and glorified Allah as He deserved ^ A . \ > , - tl- r >\ > *>'r 

and then said. "Why do some people impose " J ' ^ ^ 

conditions which are not present in Allah's ^} UJl5 tS J^^ )] 

book (laws)? Whoever imposes such a ^ ... „ - lt£; , s tl ... s£ '--.f 

condition as is not in Allah's Laws, then ^ - J SfT \ v 

that condition is invalid even if he imposes p caJLaI H> 4i\ ^Ji- 

one hundred conditions, for Allah's ? .> ^ • „ , v . "... 

Conditions are the Truth and the most ^ i ^ 

reliable." JS JLil y> <u1 ^uS" ^ j-^ 

2156. Narrated 'Abdullah bin £ Umar ^ ^1 ^ jLLi l^JL>- - Y \«1 

u£p Aju t : 'Aishah ft I -y^j wanted to buy > ■ . . 

Barira and he (the Prophet m) went out for \ * * 

the (prayer). When he returned, she y*J- ^\ 5S1I jIp : UiU 

told him that they (her masters) refused to -1..- * t 

sell her except on the condition that her ^ ^ 

H^/fl' would go to them. The Prophet $g .S^JaJl ^1 ^jij? c^jC 

replied, "The H^Za' would go to him who > , \ % , a . >*, . r.l . . . 

manumits." Hammam asked Nafi £ whether Jr ^" ^ r 5 ^ 

't^r (Barira's) husband was a free man or a ^Jl JU5 ^NjJl I d\ 

slave. He replied that he did not know. > ...f . , M ' ? -J 

cJLa .( ( j^pi j^J ^/yi UjW) 

[IVo^ tivov tlVoY tYolT 

(68) CHAPTER. Is it permissible for a jJu j^U ^ ^ 4^L (nA) 

person from the town to sell the goods of a > ^ »f " > o ,--p«f 

desert dweller without taking commission? ^ <y 
Should he help him or try to advise him? 

The Propriety said, "If somebody asked ^rr.**\ *^}\ Jl5j 



(1) (H. 2155) Wala* : See glossary. 



34 - THE BOOK OF SALES (BARGAINS) £jJ1 «-jtf Ti 209 



the advice of someone else , then the latter 
should advise him." Ata allowed it (selling 
the goods of a desert dweller by a town 
dweller) . 

2157. Narrated Jarir & <bi ^3 : 1 gave the 
BaVa (pledge) to Allah's Messenger 3g for 
the following: (1) To testify that La ilaha 
illallah wa anna Muhammad-ar-Rasul Allah 
(none has the right to be worshipped but 
Allah, and Muhammad is Allah's 
Messenger) . (2) Iqamat-as-Salat , (3) To pay 
the Zakat , (4) To listen to and obey (Allah's 
and His Prophet's Orders) , (5) To be sincere 
and true to every Muslim [i .e . order them for 
Al-Ma'ruf (Islamic Monotheism and all that 
Islam orders one to do) and forbid them from 
Al-Munkar (disbelief and polytheism and all 
that Islam has forbidden) and to help them, 
and to be merciful and kind to them] . 

[See H.57 & its chapter]. 

2158. Narrated Ibn 'Abbas 14^ <»i <^?3: 
Allah's Messenger £jg said, "Do not go to 
meet the caravans on the way (for buying 
their goods without letting them know the 
market price) ; a town dweller should not sell 
the goods of a desert dweller on behalf of the 
latter." Ibn 'Abbas was asked, "What does 
he mean by not selling the goods of a desert 
dweller by a town dweller?" He said, "He 
should not become his broker." 



(69) CHAPTER. Whoever hated that an 
urban person should sell the goods of a 
desert dweller and charge him for that. 
2159. Narrated 'Abdullah bin 'Umar ^3 
<ui: Allah's Messenger |jg forbade the 
selling of the goods of a desert dweller by a 
town person . 



[OV r^lj] .« ( 4li j£J jwaUlj 



^ iJLSJl UJjU - Y^A 

ij 0^5 N :Jli ?«jU ^>U- 

*s?\>- Ij! If 4iL (H) 

^ 5b 1 ±s - y^i 



34 - THE BOOK OF SALES (BARGAINS) fjJ\ otf - ti 



210 



Ui ^ ^ i/) 

Jfc :Jli ^ <>fj j^- 

•lT - ^ <S*' <J U 9.J 

(70) CHAPTER. A town dweller should not jU ^ jZ*L> < v % ) 
buy goods for a desert dweller and charge 

commission as a broker. ^ * 

Ibn Slrin and Ibrahim disliked (working as p^'^b tin' 

a broker for a desert dweller) whether as a "i, * . > n. » n 

.* «* i 'Jul jl irt-j&ljjl J 15 . /C jl^JL) j 

seller or a buyer. Ibrahim said, Arabs use • ^ - l - v 

the word 'to buy' in the meaning of 'to sell'." tLy ^ ^ : J j-^> 

21.60 . Narrated Abu Hurairah Z* <ii : j-> I llijL>- - t\V 

Allah's Messenger said , "A buyer should , > > .~°f - 

not urge a seller to restore a purchase so as to * ^* \ " ^ 

buy it himself, and do not practise Najsh ; and ^r 3 ^ 1 V dri ' 

a town dweller should not sell goods of a . . ^ , f * ^ >ft' ^-^n 

desert dweller. ^ ' C7^ ^ 

N» :^ -41 J^j Jli :J>; & 

2161 . Narrated Anas bin Malik ilp ft l ^5 : j_j lXjJ» ^J-*- - Y > 1 ^ 
We were forbidden that a town dweller > . . ;«? V. * , t s 
should sell goods of a desert dweller , ^ ^ ^ 

(71) CHAPTER. It is forbidden to meet the t jU5^Jl J& ^ 

caravans on the way (to buy the goods away , ,^ = ; i,^> ( »^>^^s ; ? 

fhHn the market). fV U , ^ U ^ ^ ^ 

And the one who buys them, his bargain is ^Jl ^ UJIp 4j jlS' lit 

invalid as he is a sinner if he knows it , for it is ' > > . ^ ^ Ij^J j 

a kind of deceit , and deceit is forbidden . * C - ^ 

2162. Narrated Abu Hurairah Z* % \ ^j>j : ijLio ^ UjJI>- - tHt 
The Prophet sg forbade the meeting (of 



34 - THE BOOK OF SALES (BARGAINS) fcjJI wttf U 



211 



caravans) on the way and the selling of goods 5b 1 jlIp 1^- : La jJ I jlp L5o>- 
by an inhabitant of the town on behalf of a 
desert dweller. 



^ ^ Mj J&i ^ it 

2163. Narrated Tawus: I asked Ibn /^lli- LL*JL>- - Y 
'Abbas , "What is the meaning of : 'No town ^jj^ fe^l jlp Lio>- "jJ«Jl 
dweller should sell (or buy) on behalf of a ^ * ' '"^ 
desert dweller*?" ol ^ '^jlii ^1 t^JU 

Ibn 'Abbas uilp fi>l t v^j said, "It means he >/, . * ' /?? 

" ' 4tt 1 "_vi> 1 ^ UP V' C-J Lx ' J IS 

should not become his broker." s?> ^ * ^ 

^! » : J^i cs*^* ^ • L*4^- 
Jj :JLii ?«jLJ ^~fl>- 

2164. Narrated 'Abdullah iip fill lij^ : SJLli \£l>- - Y^i 
Whoever buys an animal which has been a •*j > . -Ju * I Jb *' 
kept unmilked for a long time, could return ' ST* * *£r JJ ^ 

it, but has to pay a 5a' of dates along with it. ifol ^J>j 4il Jup jLIp ^1 

And the Prophet M forbade meeting the a > ?r" 'A* . > ^» . 

i *JLs <UU^o /< jut 1 *oo ' J U <^ 
owners of goods on the way, away from the " ^ J y 

market. § :<3l* .t*U> 

[YU* .£,$1 JL- ^ 

2165. Narrated 'Abdullah bin 'Umar ^5 ^ 41 xJ> - Yno 
14^ fill: Allah's Messenger ^ said, "You . . * m ,:^*f > 
should not try to cancel the purchases of one C? ^ ~ • jr. 
another (to get a benefit thereof) , and do not ijb I ^fj <a) 1 ^ 
go ahead to meet the caravan (for buying the v . - Il21 . , ^. > „ * f . 
goods) (but wait) till it reaches the market." uj~>j u 

L$j Jil^ 

(72) CHAPTER. The limits to which one can J&&I JpO* JjL (VY ) 

go ahead to meet the caravan. > , > x'-^ '\ v\nn 

2166. Narrated 'Abdullah & fill We ^ ' ^ ~ 

used to go ahead to meet the caravan and t : J ^ Jt^ ^-"l 
used to buy foodstuff from them. The 



34 - THE BOOK OF SALES (BARGAINS) 



gjjJI wtf - Ti 212 



Prophet ^ forbade us to sell it till the 
foodstuff has reached the market . 



2167. Narrated 'Abdullah J-p &i ^5 : 
Some people used to buy foodstuff at the 
head of the market and used to sell it on the 
spot. Allah's Messenger £j§ forbade them to 
sell it till they brought it to (their) places . 



(73) CHAPTER. If somebody imposes 
conditions in selling which are forbidden 
(in) or are against the Islamic Law. 

2168 . Narrated 'Urwa : ' Aishah fti 
said, "Barira came to me and said, 'I have 
agreed with my masters to pay them nine 
Uqfya (of gold) (in instalments) one Uqfya 
per year ; please help me I said, 'I am ready 
to pay the whole amount now provided your 
masters agree that your Wala'mW be for me 
So, Barira went to her masters and told them 
about that offer but they refused to accept it . 
She returned, and at that time, Allah's 
Messenger was sitting (present). Barira 
said, 'I told them of the offer but they did not 
accept it and insisted on having the Wala'. 
The Prophet jg heard that." * Aishah 
narrated the whole story to the Prophet 3g| . 
He said to her, "Buy her and stipulate that 
her Wala' would be yours as the Wala' is for 
the manumitter." 'Aishah did so. Then 
Allah's Messenger |j£ stood up in front of 
the people, and after glorifying Allah, he 



<up i^rfj Jup t^u 
JlpI ^ lli :&\ JlIp y\ Jli 

bJo>. l£U - Y\iv 

41P 4i)l J 5U1 JuP /^P 4 

^ji ^ j;^it taj 4*L (vr) 



* cJ Lai jj ^^J^Lf- .' cJIS L^ip 
ji ^ tjijt ^1; ^ Jif c4;l5 
jl :cJLa3 .,j^j~pU 4<JjI ftp 

. L^Jlp <ijL!i l^jli ^! cJUi tL^iil 



LIjLp 



34 - THE BOOK OF SALES (BARGAINS) £jJI yltf Tt 213 



said, 'Amma Ba'du (i.e., then after)! What : Jlii $|| ^JJl Lgii- 4jI 

about the people who impose conditions . ,\t~u VV? _l :*i ^ » 

which are not in Allah's Book (laws)? Any " ^ ^ H* 3 s*V^' J 

condition that is not in Allah's Book (Laws) is . LIjIp cJLiii ;«J£c4 jIJ J\jJl 

invalid even if they were one hundred . ^ ^ J > ' "IS ** 

conditions, for Allah's Decisions are the ^ 1 ^ 5" J** J f f 

right ones and His Conditions are the Ul» :Jli p t ^ 4i 1 ju^i 

strong ones (firmer) and the Wala' will be *. >> - . > . > . 

. . „ Lb a *-b J L>- i Jo to t Jjo 

for the manumitter. ^ - * - * * 

tjp-l 4&I £Lii tJs^i ajU jl5 o^j 

2169. Narrated ( Abdullah bin ( Umar^ ^ 43b I jlp liili - Ym 



Aishah, (Mother of the Believers) . . ,r . - * m < 

i — i -ii -i :^ ^ b ij)-^ 1 9J 

wanted to buy a slave-girl and manumit her , ^ y ^ " ^ 

but her masters said that they would sell her : ^ ' CrfJ J** ui ^ ' ^ 

only on the condition that her Wala * would be \% * * > t . * f ' - \ 1 1 * f 

for them. 'Aishah told Allah's Messenger % , . u^jt- ^ 

of that . He said , "What they stipulate should : L$ii I J Ui L^ixAii aJj ^ ^LiJ 

not hinder you from buying her , as the Wala ' ^ . - ' \ ' j f 1£ LS^Li 

is for the manumitter." ^ J ^ 

^ llV liui diilL; 

[Y>oi i^lj] .«j££f 

(74) CHAPTER. Selling of dates for dates. .^JU ^sJI ^ (VI) 

2170. Narrated Ibn 'Umar uJIp &i ^j: hJjb- : --X-J3J I jJl l&U - YW* 

The Prophet said , "The selling of wheat . , ^ , 

for wheat is Riba (usury) , except if it is from - - ^ 1 ^ 

hand to hand and equal in amount . Similarly t^f^ c^' C?* - ' 

the selling of barley for barley is Riba, except ^ ^ -j^ ^ *U\ . - 

if it is from hand to hand and equal in amount * J jt . jr • ;j tl^ 

and dates for dates is usury except if it is from Ml ^r^^'j UUj £U 

hand to hand and equal in amount." ^ v l x * ^ u > ^, 

[See RibaAl-Fadl in the glossary]. * .J s*~ . s*~ J J 

[Y\Ti .UUj 



34 - THE BOOK OF SALES (BARGAINS) £$;JI Xi 214 



(75) CHAPTER. The selling of dried grapes t^siS 1 ^ V^S 11 & < Vd ) 
for dried grapes and meals for meals. ' ' ^^^j^ ^UlaJI^ 

2171. Narrated Ibn 'Umar up 4i : J-^UJ-I llijLi- - Y W\ 
Allah's Messenger £g forbade Muzdbana; ^ ^ . j . ^ t ^*JJLo 
and Muzdbana is the selling of fresh dates for ^ ^ 4 *£r 0^ 1 - t/° 
dried old dates by measure, and the selling of jl : 1*4^ ^ Crfj Crt 
fresh grapes for dried grapes by measure . -^i-*u - * i "\ 

-}^>J» ^ i ^' Uj-'J 

cSCS jiiJl £ 

f ^JL <^J)i\ 

[YY-o (. Y ^ AO t Y WY 

2172. Narrated Ibn 'Umar Up %\ ^ : : jUiljl y\ t&U- ~ Y WY 
The Prophet $H forbade Muzdbana', and . ^ . a* . ^ ^ > 't^'i* 4 : 
Muzdbana is the selling of fresh fruit ^ . u~ cr. 
(without measuring it) for something by : 1*4^ l*' l £? 
measure on the basis that if that thing turns - *' ' , *\C*\ 
to be more than the fruit , the increase would ' * ^ y ^ ; 

be for the seller of the fruit , and if it turns to Slj o\ 61 :olj^Jlj 

be less, that would be of his lot. r„ . / . i - T ^ - * t i r 

[yw\ r^ij .^Uj jlj J* 

2173. Narrated Ibn 'Umar from Zaid bin ^ JuJ ~ Y w ^ 

Thabit ^ &i ^ that the Prophet IB • s Jbl M * c^li 

allowed the selling of the fruits on the trees ^ o^^J - j * 

after estimation (when they are ripe). iY \\t : ^JaJl] . L^>^kj LI j-iJl 

[YTA * <. Y HY tYUA 

(76) CHAPTER. Selling of barley for barley. j-*^ 

2174. Narrated Ibn Shihab that Malik bin ^ 4jI jup - YWi 
*Aus said, "I was in need of change for one- . . . . — - f 
hundred Dinar. Talha bin 'Ubaidullah called y- y ^ Jr " 
me and we discussed the matter, and he : <y. 4^ J* 
agreed to change (my Dinar). He took the ^ ' ^ ' % 
gold pieces and turned and toppled them ^ * " " - % 
with his hands, and then said, "Wait till my JL>- Lijl^ 4»l JuIp <>JJi 
storekeeper comes from the forest." 'Umar . , fa , ^ tl '-f. * ... re) 
was listening to that and said, "By Allah! ^ x " ' ^ ' ^ 
You should not separate from Talha till you <-s^ * ^ 

get the money from him, for Allah's - tl- r ^t. 1 -,r tl 

/• 11/. :JU3 .wiUi *-*-*0 t^jUJ! 

Messenger #| said, The selling of gold for " 



34 - THE BOOK OF SALES (BARGAINS) 



fcjall ylrf - rt 215 



gold is Riha (usury), except if the exchange is 
from hand to hand and equal in amount , and 
similarly, the selling of wheat for wheat is 
Ribd, unless it is from hand to hand and 
equal in amount , and the selling of barley for 
barley is usury unless it is from hand to hand 
and equal in amount , and dates for dates is 
usury unless it is from hand to hand and equal 
in amount." 

(77) CHAPTER. Selling of gold for gold. 

2175. Narrated Abu Bakra ilp ft l jj>y, 
Allah's Messenger said, "Don't sell gold 
for gold unless equal in weight, nor silver for 
silver unless equal in weight, but you could 
sell gold for silver or silver for gold as you 
like." 



(78) CHAPTER. Selling of silver for silver. 

2176. Narrated Abu Sa'id (concerning 
exchange) that he heard Allah's Messenger 

saying, "Do not sell gold for gold unless 
equal in weight, and do not sell silver for 
silver unless equal in weight 



Jli . Jj>- isj\j£ N &\j 

£ fi " j. 

>U N| £j SU, £U 

*U Ijj j^>\i <>*\*j 
[nrt .«£Uj 
i^JLJL ^illl £ ujL (VV) 

: <JUw»| ^1 ^is- :Jli 

<bl o^jSZ J>\ [Jli] Jli toj^ 

I ^*-J N » * 3§g <b t J j^j J li : *cp 



[TUT : ^1] .«^Li CalS' ^iJJl 
^i>- :Jli aIp ^iSjAj}\ 

^ 4)1 JuP J* (4)1 JUP 

I 4) I JLp- *uiii . <b I J 

?il 4)1 J^j ^ ^lUJ ^jJi 



34 - THE BOOK OF SALES (BARGAINS) 



216 



2177. Narrated Abu Sa'Id Al-Khudri ^ 
<£ Allah's Messenger said, "Do not 
sell gold for gold unless equivalent in weight 
(and from hand to hand) , and do not sell less 
amount for greater amount or vice versa ; and 
do not sell silver for silver unless equivalent 
in weight (from hand to hand) , and do not 
sell less amount for greater amount or vice 
versa, and do not sell gold or silver that is not 
present at the moment of exchange for gold 
or silver that is present . 



(79) CHAPTER. Selling of Dinar for Dinar 
on credit. 

2178, 2179. Narrated Abu Salih Az- 
Zaiyat : I heard Abu Said Al-Khudri &i 
il£ saying, "The selling of a Dinar for a 
Dinar, and a Dirham for a Dirham (is 
permissible)." I said to him, "Ibn 'Abbas 
does not say the same ." Abu Sa'Id replied , "I 
asked Ibn 'Abbas whether he had heard it 
from the Prophet jgg or seen it in the Holy 
Book. Ibn * Abbas replied, 'I do not claim 
that, and you know Allah's Messenger |jg 
better than I , but Usama informed me that 
the Prophet %g had said : There is no Riba 
(usury) (in money exchange) except when it is 
not done from hand to hand (i.e., when 
there is delay in payment)' ." 



[TWA iYWV : .«Ji~ Jto 

^ 4 1 Uii^ - y'wv 

+ 1 > t ^ }^ *> * °'ti " f 
j I \ks> 4)1 (JjJl>J1 

> * * i * * 

> <- ' s x ^ is , 

o^l>- 1 ol^Jl Ul jl ! J^L^ ^ 

4&! ^jj^Jl -U^l Li il 
N y-l^ y\ jl :*J oili t^ijliL 



jl iiUl ,>£Jj> art m &\ 

J ^ Ni : Jli ^ ^Jl 



34 - THE BOOK OF SALES (BARGAINS) fc^Jl ytf Tl 217 



(80) CHAPTER. Selling of silver for gold on c^JUL JjjJI ujLj (AO 

delayed payment. 



2180, 2181 . Narrated Abu Al-Minhal : I JU^ LiJL^- - Y ^ A ^ t Y \ A • 

asked Al-Bara' bin 'Azib and Zaid bin Arqam *""| -ju * Lil>. 

*b\ Cffj about money exchanges. Each of ' ' J** ^ 

them said, "He is better than I," and both of III c,tw :Jli c^C ^1 
them said, "Allah's Messenger ^ forbade 
the selling of silver for gold on credit." 



lJUb ' Jji J^* ^ij-2aJl 

[Y»*n t Y«V .LJS 

(81) CHAPTER. Selling of gold for silver Lb Jj^Jl ^Jijjl ^ ujLj (AO 
from hand to hand (i.e., cash down). 



2182. Narrated Abdur-Rahman bin Abu o\'jJ*s* 11jJL>- - Y \ AY 

Bakra that his father i-p fti ^3 said, 

"The Prophet forbade the selling of 



:^ IjJJl ^» Slip Ljl^ 



gold for gold and silver for silver except if Lul>- : jU*^l ^1 ^jI LT^I 



they are equivalent in weight (and from hand 
to hand) , and allowed us to sell gold for silver 
and vice versa as we wished ." ^ ^li \ ^ : J IS aIp %\ 

(^-JbJJL (^-JbJJlj t^ukaJL iiiJl ^ 
[TWO 

(82) CHAPTER. The sale called AU £ <J*J 'ft 1 ^ 1 & < AY) 



Muzabana ; which is the sale of dried dates 
for fresh ones (that are still on the trees), 

and dried grapes for fresh grapes and the . L l^iLJI 

sale called AWAraya (i.e., the selling of ripe 
fresh date, still over the palms, by means of 
estimation, for dry dates) . jASU^Jlj olj^Jl 

Anas said, "The Prophet forbade the 



34 - THE BOOK OF SALES (BARGAINS) fjJ\ ^UT - « 



218 



sales called Muzdbana and Muhaqala (i .e . , to 
sell wheat in ears for pure wheat) . 

2183. Narrated * Abdullah bin 'Umar t yj>j * 

Ujlp tti : Allah's Messenger M said, "Do not ' , ,. c > , , { , 

sell iruits of dates until they become free Sr • y ^ ^ 

from all the dangers (of being spoilt or Jup ^JL- JG^-^ : <J^ 

blighted) ; and do not sell fresh dates for ^ . ^ > a " i, 

dry dates." ^ ^ ^ 

*V j iA>^U> jJLj ^s>- jx>s] \ \ JJ^J 

j I : c-u U ^ Juj J^p 1 4) I jlp 



2184. Salim and 'Abdullah added that J>'^3 -p^- - *^Ai 
Zaid bin Thabit' said, "Later on Allah's ^ ai 
Messenger 3g permitted the selling of ripe 
fruits on trees for fresh dates or dried dates in ^ JUS jJw J^-j sit m3u I J j^j 
Bai'il-'Ariya , and did not allow it for any ,i B s n e * r a n . ... 
other kind of sale." ^ ^ ^ & 

[TWr ;gr\j} ,cJJ> J> JsJ-'Jl 

2185. Narrated 'Abdullah bin 'Umar ^ ^> 4)1 lip ll5jL>- - Y ^Ao 
Lj'i Allah's Messenger ^ forbade e . - e . „ . f > 

* »P t L) ' *P 4 V-JU La L) 1 ! s ^ ■ " 4j 

Muzdbana ; and Muzdbana means the ^ Cr ^ 

selling of fresh dates (on the trees) for j I : 4) I j ^ & ' 
dried dates by measure and also the selling 
of fresh grapes for dried grapes by measure . 



#>Jl Cj* J> M ^ <V' 



[TWl .!>CS f^ 1 

2186. Narrated Abu Said Al-Khudri ^ ^ 4)1 -Up ll*!U - t\Al 
LJL_£ Allah's Messenger M forbade . . * 

Muzdbana and Muhaqala ; and Muzabana y^^ 1 -^ 

[i.e., the selling of fresh dates still on the jULi ^1 t jli>Jl 

trees for dried plucked dates (by measure)]. * e ' t, - f ' * - - t f 

^ 4)1 J j-ij jl ibl 

jlp ^IiJl ^Iji feijUij 



34 - THE BOOK OF SALES (BARGAINS) 



219 



2187. Narrated Ibn 'Abbas <fai ^?Y- 
The Prophet £g| forbade Muzabana and 
Muhaqala . 



2188. Narrated Zaid bin Thabit &i 
il* : Allah's Messenger £g allowed the owner 
of 'ArtyaS 1 ^ to sell the fruits on the trees by 
means of estimation . 



(83) CHAPTER. The selling of dates still on 
trees for gold or silver. 



2189. Narrated Jabir 



The 



Prophet 3g forbade the selling of fruits unless 
they get ripe, and none of them should be 
sold except for Dinar or Dirham (i.e., 
money), except the 'Araya trees (the dates 
of which could be sold for dates) . 



2190. Narrated Abu Hurairah & fti 



The Prophet 2§ allowed the sale of the dates 
of 'Araya provided they were about five 
Awsuq (i.e., approx 675 kgs) (singular: 
Wasq which means sixty So*) or less (in 
amount) . 



LJjU l£U - YUV 

t>fj SH U erf' ^ij If 



Cr 1 . 



- • f 



- YU^ 



J£ :JIS IU 2b I ^> 
[Uav i^ij] .LI^JI pijoJlj 



(1) (H. 2188) 'Anya: The selling of fresh dates still over the palm-tree by means of 
estimation for dry plucked dates and it is an exception. Also see the glossary and H. 
2192 and its chapter 84. 



34 - THE BOOK OF SALES (BARGAINS) £jJl wtf - Xt 



220 



[YfAY : ^!] 

2191. Narrated Sahl bin Abu Hathma: ^ £J£ - t)^ 



Allah's Messenger « forbade the selling of ^ ^ ^ ^ 

fruits (fresh dates) for dried dates, but ** 

allowed the sale of fruits on the Araya bv : J IS I^JiJ cJL.^ : 

estimation and their new owners might ea* * ? > . . 

their dates fresh. Sufyan (in another ^ ^ ^ u ^ 

narration) said , "I told Yahya (a ^3 1 ^ «I>i J ^~<j 

subnarrator) when I was a mere boy, - 1 • f - 1 ■ . - 
'Makkahns say that the Prophet 2§ allowed „ ' ' - ; 

them the sale of the fruits on Ardyd by Jlij . U?j Iflil LgJLS'L t l^?^> 
estimation.' Yahya asked, 'How do the . „ >** Ml „ . f ' > 

Makkahns know about it? ? I replied, 'They ^ * ^ ^ ^ 

narrated it (from the Prophet $jg|) through t Lg^^kj LgJL&l 1 g * . . T <Uj-*Jl 

Jabir.' On that, Yahya kept quiet." Sufyan * ' ' ^ j * ' 
said, "I meant that Jabir belonged to Al- ~ f \^ , . " 

Madina." Sufyan was asked whether in 01 : ^ ^U- UIj i J^l cJu* :0La~> 

Jabir's narration there was any prohibition ^ <-J^\ * \ A ~' 'ljU 

of selling fruits before their benefit is evident ^ ^> * * >W ^ 

(i.e., no dangers of being spoilt or blighted). iJUs tU)k!l ^ 

He replied that there was none . . > „;3r, *> 

^ „ ^ £ ^ ° ^ 

(84) CHAPTER. The explanation of 'Araya. U^i)l j~J& (Al) 

Malik said, " Artya (plural Araya) means tj y4 01 «jy*Jl : ^iJL« <3l5j 

that a person gives a date-palm (i.e., its ?^ ^j^fjj L^tJl * Li 111 

product of dates) as a gift to another person, ^ - ^ *" J^"^ cr^"^ 

and then the giver is troubled by the latter's ^.J^i 01 j J*&>-^ * tlj^^. 

coming to the giver's private garden (to cut " £ l]i • ' Si ' I JlS * : iLa 

the dates) , so the giver is allowed to purchase ' * ^ ^ 

those date fruits with dried dates." iJb ^1 j& ^ 

Ibn Idris said, "The sale of the dates of an * ;/ , * r it ^ /--v 

'^4^fl should be for measured dates delivered ' " ' *~* 




34 - THE BOOK OF SALES (BARGAINS) t$J\ - U 221 



from hand to hand and not to be done at J^Vl J4^ 
random." The saying of Sahl bin Hathma . > t " s „ > t t 

confirms this verdict , i x . , that the exchange * ^ - ^ 

of dates should not be at random but by 'J** jj\ jZ- t^U ^ 

measure of Awsuq. Ibn 'Umar uJIp fti . ■»> tf , . >a , 

said, "/IZ-Wraya meant to give one or two - ^ " " ^ 



date palms to someone." iiAjj! 4JL. ^ J-i^Jl j4\r^ 

Sufyan bin Husain said, "Al-Araya were - . °. > . „ > ' 'n- n' s u 

date-palms given as a gift to the poor who r' - u r' 

could not wait till the fruits were ripe , so they c-^a y cJ 15 Jiu L l^iJ 1 : 

were allowed to sell them for dates as they , >,.^ * f 1 > t - ^ 
wished." u^u^w ^ 

2192 . Narrated Ibn 'Umar from Zaid bin U^il JuAi l^IU- - t \ ^ Y 

Thabit SIp fti --^S: Allah's Messenger g| . . > ^ > ,.-•,( , i, 

allowed the sale of 'Araya by estimating the ^ ^ * ^ ^ 

dates on them for measured amounts of dried Ju j t I ji- c £f ^ 

dates . 

Musa bin 'Uqba said, "Al-Araya were 

distinguished date-palms; one could come ^LJ jl ljlj-*Jl ^ $tt 

and buy them (i.e., their fruits)." .^t> > - * i,^ , 

(85) CHAPTER. The sale of fruits before jli jt JlS jUill ^ < A °) 



their benefit is evident (i.e., they are free 
from all the dangers of being spoilt or 
blighted) . 

2193 . Zaid bin Thabit & &i ^ said , "In 
the lifetime of Allah's Messenger the 
people used to trade with fruits. When they 
cut their date-fruits and the purchasers came 
to receive their rights, the sellers would say, 
'My dates have got rotten ; they are blighted 
with disease , they are afflicted with Qusham 
(a disease which causes the fruit to fall before 
ripening) .' They would go on complaining of 
defects in their purchases. Allah's Messenger 
$H said, "Do not sell the fruits before their 




34 - THE BOOK OF SALES (BARGAINS) fcjjl y US' Xt 222 



benefit is evident (i.e., free from all the C>\^\ k>\ JU t^s^U; 

dangers of being spoiled or blighted) , by way >^ , \ *\ -t , a tl " * t . 

of advice for they quarrelled too much. * ^ ^ J 

Kharija bin Zaid bin Thabit said that Zaid bin JUi . 1$j j j>^>h oULp t^Lti 
Thabit & fti ^3 used not to sell the fruits of . ^ ^ ^ ^ k > „ 

his land till Pleiades (1) appeared and one * ' ^ 

could distinguish the yellow fruits from the *>U t V iS^ifl : dUi ^ <ij-*a>Ji 
red (ripe) ones . 



^--JLji <, L ^iSl ^i-UaJ ^^>- 

LJl>. ^ 

2194. Narrated 'Abdullah bin OJmar ^3 ^ 1^ - Y HI 



U4^ iiii: Allah's Messenger m forbade the - , . 

sale of fruits till their benefit is evident. He 'C? b ^ ' ' b ^ 1 

forbade both the seller and the buyer (of such <u I ( ^- t f j ^Lp ^ 4) I Jui- 

a sale). 9 - a , > ^ * f . >° . 

csf ^ Jj-j Jl : 

2195. Narrated Anas & &\ ^ : Allah's : JJtii liioi - t^fl 



LTJlif Li 'Jit 



Messenger ^ forbade the sale of date-fruits 
till they were ripe 

Abu 'Abdullah (Al-Bukhari) said, "That "d>\ : a!p %\ ^1 tJj^Ji 

means till they were red (can be eaten)." * > \l A *\ > * 



(1) (Ch. 2193) Pleiades is the collection of stars which start to appear at dawn in the early 
summer when it gets very hot in Hijaz at the early season of the ripening of fruits . The 
appearance of these stars is a sign of the ripening of dates. 



34 - THE BOOK OF SALES (BARGAINS) £$JI wtf U 



223 



4)1 jup J 15 



[UAA :^r\j-\ 

2196. Narrated Jabir bin 'Abdullah &i 
The Prophet ^ forbade the sale of 
(date) fruits till they were red or yellow and 



fit for eating. :J15 ^ JL*-^- loJL>- :o£>- 



[UAV . I*!* 

(86) CHAPTER. The sale of date-palms jjZ °J JlS jilll ^ £L (Al) 
(date trees) before their benefit is evident . " " \ * si ' 
(i.e., their dates are ripe). 

2197. Narrated Anas bin Malik & &i :p£*Jl ^ ^ - T 
The Prophet forbade the sale of fruits till . * • t * i . ? - * i 
their benefit is evident ; and the sale of date- ^ r-""~ ^ 

palms till the dates are almost ripe. He was 4^ If. Uj1>- : JLl>- 

asked what 'are almost ripe' meant. He e . „ „ h , 

replied, "Got red and yellow.' ^ ^ ^ J y 

i * o - tf ft. - 

. j 1 a ■/? j jl jUj>ij '. J IS ?jJt>J-j 
[UAA \gr\j] 

(87) CHAPTER. If somebody sells fruits ^ jUill \l\ < AV > 
before their benefit is evident and free from * , j> . . 
blights and then they get afflicted with some ^ \ ^ " 
defects, they will be given back to the seller. • <>? 

2198. Narrated Anas bin Malik cp^i^ j : 4)1 lip LlijL>- - Y ^A 
Allah's Messenger forbade the sale of > . * m > 
fruits till they are almost ripe . He was asked 

what is meant by 'are almost ripe.' He jl :<clp 4bl ^f j 4^ <j~^ if 
replied, "Till they become red." Allah's s ^ "\ '\ ' ' 

Messenger ^further said , "If Allah spoiled ^ ^ & ^ ^ ^ ^ 
the fruits, what right would one have to take : J 15 ? : ^ Jtp 1 J?*^ 
the money of one's brother." 



34 - 1HE BOOK OF SALES (BARGAINS) fcjJI wtf - Ti 224 



4) \ J JLj J Ua 



Ol 



2199 . Narrated Ibn Shihab : If somebody : J^AJ I J IS j - Y ^ ^ 
bought fruits before their benefit is evident ^ j # ^ ^ ^ „ > ^ > 
and then the fruits were spoiled with blights , -r ■ V iJ> o* 4 

the loss would be suffered by the owner (not jJLj jl JIS I ^ILI 

the buyer). f - t,., f s ; 

xt j < TT , ...... , -U 4jL>1 U JO <U&Ip oU>l *J 

Narrated Ibn Umar <&i <>?j : Allah s * r 

Messenger m said, "Do not sell or buy fruits . <uj 

befon 1 their benefit was evident and do not ^ ' * | jup ' iJL- *" " I 

sell fresh fruits (dates) for dried dates." ui P Cf- <r 

4)1 J jl : L-gJ^ 4)1 (^s^j y*s> 

(88) CHAPTER. To buy foodstuff on credit. J^l J\ aU&I ^ 4»L (AA) 

2200. Narrated 'Aishah fa ^y The ^ya^ ^ ^ VijJL>- - YY • • 



Prophet $jg bought some foodstuff from a Jew 
on credit and mortgaged his armour to him . 



[T » 1A : j] . 4p*^ 

(89) CHAPTER. If one wishes to buy (a j& g Sljl \i\ ljL (A^) 

better quality of) dates for (a low quality of) „ - 

dates [that is a kind of Riba (usury) and is ' 
called Riba-Al-Fadl] . 

2201, 2202. Narrated Abu Sa'id AI- l&U - YY • Y t YY * ^ 

Khudri and Abu Hurairah U4^ fa Cr?y y**> jup ' ^JLJU ° ' 

Allah's Messenger appointed somebody cW-^ tl^ — ^ <j* c ^ - a* 

as a governor of Khaibar. That governor y> ji- t^l^-^JI JlIp 
brought to him an excellent kind of dates 



34 - THE BOOK OF SALES (BARGAINS) fcjJI wfef Tt 



225 



(from Khaibar) . The Prophet ^ asked , "Are c ISj*^ I Jl^_w- ^ I ^ 
all the dates of Khaibar like this?" He 
replied, "By Allah , no , O Allah's 
Messenger! But we barter one Sa' of this ^Js- *>Vij jULLl ^ <ul J j-^j 
(type of dates) for two Sa of dates of ours and -r - . - >^ , r ... - 



two 5a' of it for three of ours." Allah's 



Messenger #gsaid,"Do not do so [as that is a 'JZ?- J5I» <ul 

kind of Riba (usury)] but sell the mixed dates . . , > . , i, M 

(of inferior quality) for money , and then buy * ' * ' ' > 

good dates with money." jlpUkJL Ula ^UkJl -L^-uJ 

4jb I J j-^j J U5 . O L z^Ip Ukl I j 
iirn t iYii t rr«r : ,yy« ^ 

:^J^I ;YY • Y :^jl^JI] v[VTo* 

(90) CHAPTER. Whoever sold or rented ti^l JLs }^ t-ib (V) 

date-palms which were pollinated, or land ... , * T * °t »f 

which was sown (with wheat or barley) . ' * v 

2203. Narrated Nafi\ the freed-slave of Jlij : 4& I Jup jil J 15 - YY*V 
Ibn 'Umar : If pollinated date-palms are sold \^"'] •* ■ f * ' i"| J 
and nothing is mentioned (in the contract) ^ ' f " ' * ^ - 
about their fruits , the fruits will go to the ^ I jj I viJL~- : J 15 ' 
person who has pollinated them, and so will . , , . > , > ~>°U 
be the case with the slave and the cultivator. -I , Y w "V 
Nafi' mentioned those three things. o^l J>J UjI : y^- 

(. Y Y * ^ . «45}&l 

[YVU .YtV^ .YY**\ 

2204. Narrated 'Abdullah bin 'Umar ^ ^ 4)1 jIp liilj- - Y Y • 1 

LJJ^ Allah's Messenger ^ said, "If . ? m «f > 

. , <. a^L" *^ io)U U^-l .wiUij 
somebody sells pollinated date-palms, the y ' 

fruits will be for the seller unless the buyer <u)l if. ^ ir^ 

stipulates that they will be for himself (and , , ^ ± /'\ * - * f i 

the seller agrees) . u J " 



34 - THE BOOK OF SALES (BARGAINS) £jJI ut^ - Ti 



226 



(91) CHAPTER. The sale of unharvested '%$ ^U&L ^\ g 4*L (M) 
crops for a measured quantity of foodstuff. " ' 

2205. Narrated Ibn 'Umar Up &i LjJb>- : a^jJ UjJL>- - YY * o 
Allah's Messenger ^ forbade Al-Muzabana , ^ „ *U°' Jjj | 
i .e . , to sell ungathered dates of one's garden ST^ J J** 1 Cr ^ 

for measured dried dates or fresh ungathered 5|§ I J 3 ^ L*4^ ^ ' 

grapes for measured dried grapes; or • , , , \\ ~--i-'n 

standing crops for measured quantity of - ~ Crr * - j~ 

foodstuff. He forbade all such bargains. to ^5 jo" o\j o 15 

Ujj jo jij t ^Cs" ji 

^ 0*" <^ 

(92) CHAPTER. The sale of date-palms 4L>t JaScIl ^ 4*L (^Y) 
completely (with roots and stems) . 

2206. Narrated Ibn 'Umar Up fti : ^ aIxs &Jb- - YY«1 
The Prophet ^ said, "Whoever pollinates ^ . ^ cLlill bil^ 
date-palms and then sells them , the fruits will \ Cr c " - 
belong to him unless the buyer stipulates that <|§ ^III jl : U-^- *>^J 

the fruits should belong to him (and the seller - : , "if 'n- 

agrees)^ 6 <T *~ ^ ^ ^ ^ 

(93) CHAPTER. Bai' Al-Mukhadara (the sale 5p>l^Ul ^ ^iL (V) 
of grains or vegetables before their benefit is 

evident) . 

2207 . Narrated Anas bin Malik ^ &i ^3 : J lL*l>- - Y Y * V 
Allah's Messenger $g forbade Muhaqala, 
Mukhadara, Mulamasa, Munabadha and 
Muzabana . (See glossary and previous ^1 y t jULil ^Jb- :J15 ^1 
Ahadith for the meanings of these terms.) „ , ~ $ ; 



34 - THE BOOK OF SALES (BARGAINS) gj-JI y fctf - Xt 



221 



2208. Narrated Humaid: Anas -up &i ^3 1jJjl>- : U$JL>- - Y Y • A 
said, 'The Prophet ^ forbade the selling of 
dates till they were almost ripe." We asked 

Anas, "What does 'almost ripe' mean?" He ^£ <^r-^ ^ '• ^ Cs^J o***^ 
replied, "They get red and yellow. The 
Prophet ^jg added, 'If Allah destroyed the 
fruits present on the trees, what right would ^j*J :JU U : liiis 

the seller have to take the money of his 
brother (somebody else)'?" 



lT^ ^ ^ 



(94) CHAPTER. The sale and eating of . a£\j j\U*}\ g £L (M) 
spadix (edible pith growing at the upper part 

of the trunk of a palm tree) . 

2209. Narrated Ibn 'Umar 14^ <bi : ^LL& jlJjJ 1 J>\ - Y Y • S 

I was with the Prophet M while he was — , , MM > 

eating spadix. He said, From the trees there j- j-* - cr. 

is a tree which resembles a faithful believer." jZ cJl&U^ <. ^ ^1 ji- 

I wanted to say that it was the date palm, but J^'-Jjj Lli* ftl" - 
I was the youngest among them (so I kept " ' 4 ^ 
quiet). He added, "It is the date-palm." tljlt>- j 3lt ^JJl jlIp 

^ : Jji! j ! cojU t « j^j_lJl 
:JU t^Jiil Ul t fell I 

(95) CHAPTER. In cases where there is no jU^Sll ^1 ^ £L (So) 
fixed judgement, the traditions and . > e . - * U JLp 
conventions of each community are to be tj?^ f - 
referred to, to deduce a judgement in such ^ j <>qjj$\j J4^l? ^Ij^T^h 
matters as sales, renting, measuring and - * - w i"* - ° t £ 

weighing. ; >s • r? : * > 

Shuraih told the weavers, "You are jJssL* i^JljJJJ {Hj^ J^J 
permitted to follow your own conventions 
to solve your problems (it is legal for you to 



stick to your traditions in bargain) ." o^JL*J I ^ U N : Jl1>«^ ^ 4 ^-O? 



Narrated 'Abdul Wahab : Ayyub said he 
heard from Muhammad who said, "There is 



L>tjj 4iiLU A>-Ijj c^-li JL>-U 



34 - THE BOOK OF SALES (BARGAINS) fjgi\ wlSf - Xi 



228 



no harm in selling for eleven what you buy for li <j Jl>- » : j!$J JH ^Jj I J li j 
ten, and you are allowed to take a profit for ^ ' J{ , ' ^7 
expenses." ^ . , , - - 

The Prophet told Hind , 'Take what is fc£ £ia 5^ '• ^ 

reasonable and sufficient for you and your > . . . ^ /<s 
sons." Allah ju: says: "Whoever is poor, J n J 

can eat (from the orphan's property) what is :JLa3 IjUj>- ^ &\ "^a 

just and reasonable (according to his ^. " os..-' . <> . > 

labours)." (V .4:6). ' f ' J ^*r1 

Al-Hasan hired a donkey from 'Abdullah l jtl>Jl jU>Jl : J Us <J^>-I 5^ 
bin Mirdas and asked him about the hire. 
The latter replied that it was for two Daniq (a 
Dariiq equals l/6th Dirham) , So Al-Hasan . ^aj* 

rode away. Another time , Al-Hasan came to " 
'Abdullah bin Mirdas and asked him to hire 
the donkey to him and rode away without 
asking him about the hire, but he sent him 
half a Dirham 

2210. Narrated Anas bin Malik IIp&i^^: <lil xS liiJL>- - YY\* 

Abu Taiba cupped Allah's Messenger and ' Jj}^ \j " * ] 

so Allah's Messenger ordered that a Sa 1 of ^ >•>- 

dates be paid to him and ordered his masters ^J?j diJU ^ ^Jl *-Jtj& 
(for he was a slave) to reduce his tax. (2) 



<ul J j^j ^>J>- : <JIS a^p <ul 



2211.Narrated'Aishahi^ii)i^3:Hind, LJ~b~ : &JL>- - YYU 

the mother of Mu'awiya said to Allah's , * , - . * °. > 

Messenger ^, "Abu Sufyan (her husband) ^ ^ ^ * ° " 

is a miser. Am I allowed to take from his j»l jIa cJ15 : Lglp ill! 

money secretly?" The Prophet #1 said to her, - , °. > * , ^ ^ t 

You and your sons may take what is / * * " ' 

sufficient , just and reasonable ," j 1 t)^ L ^f>^ 



(1) (Ch. 95) Al-Hasan did not ask about the hire the second time depending on what they 
had agreed upon the first time. He sent 'Abdullah more than what was due out of 
generosity. 

(2) (H. 2210) Slaves had to pay their masters certain taxes. 



34 - THE BOOK OF SALES 'BARGAINS 



229 



2212. Narrated 'Urwa: I heard 'Aishah 
saying, "The Holy Verse: '...Whoever 
amongst guardians is rich, he should take 
no wages but if he is poor, let him have for 
himself what is just and resonable (according 
to his labour)' (V.4:6), was revealed 
concerning the guardian of the orphans who 
looks after them and manages favourably 
their financial affairs ; if the guardian is poor , 
he could have from it what is just and 
reasonable (according to his labour)." 



(96) CHAPTER. Selling of a joint property 
by one partner to the other. 

2213. Narrated Jabir il* &i ^j>y. Allah's 
Messenger #| gave pre-emption (to the 
partner) in every joint property, but if the 
boundaries of the property were demarcated 
or the ways and streets were fixed, then there 
was no pre-emption . 



(97) CHAPTER. The sale of undivided 
common land, buildings and belongings. 

2214 . Narrated Jabir bin ' Abbullah &i ^3 
*. Allah's Messenger decided the 
validity of pre-emption in every joint 



t oTV» ,oTM ,oTo<\ t TA\o 

[vu< cvn^ t nm 
l£U ijl^l J&» - Y Y > Y 

oJLJ- :<JIS jiy -ji jLIp cJL*-1 

J ^ L^ip ill ^^^j 

j^" \ J *ajC**& IX^p <lr*J^ 
cijll :[n :*LJ1] 

4llp ^ ^jJl j^lll Jlj ^ 
J5I jl5 jl tAJlo ^ £-Ls^j 

UjJl?- v$y>J*ji ij&>- — YY^V 

&\ J^-ij JjJt : <J^ Ale- ill ^J>j 

<j ^JslJi C^a^fj ^jJL^Jl c^o j bis 
<. Y Y oV t YYU : ^UJI] . iiiJi 

[n<wn jki t \^o 



YYU 



34 - THE BOOK OF SALES (BARGAINS) £$JI yUf ft 



230 



undivided property, but if the boundaries ^1 ^p <>t$ J*"$\ <j* 

were well marked or the ways and streets ^ " ^ ' 1 *j | 

were fixed, then there was no pre-emption. ^1 * ^ 'cr**"^ <Lrt 

Narrated 'Abdul Wahid the same as above ^li I ^^Jii : J Li 1*4^ ^ ' t>f* J ^ ' 

but said, "...in every joint undivided *\ tl . —tin ^ 

thing..." -r^- r 1 ^ & S ^ & 

Narrated Hisham from Ma'mar the same J ^HJl j t a jJbJl cJo j liU 

as above but said, ". ..in every property..." c. \ r 

Ju>-)jJi -Up u>Jj>- ! iJUwo U) Ju>- 

JLP J IS .j^JLo tj»LjLA 

V- tJU JS ^ : ti 1 j^J ' 

(98) CHAPTER. If somebody buys * Jjl Li lij ^iL (U) 

something for another without his , ^ j - 

permission and the latter accepts it. * " * ^> 

2215. Narrated Ibn 'Umar u«i£- &i VJ-*-*^ ~ YY^d 

the Prophet ^ said, "While three persons f . , >f , : s - 

were walking, rain began to fall and they had \^ , 

to enter a cave in a mountain. A big rock jj ^ y> <j£j^ : ^S^" tL^' 
rolled over and blocked the mouth of the 



cave. They said to each other, 'Invoke Allah c Cf ^ ^ 

with the best deed you have performed (so : J IS jH ^III j^p c U.^-p 

that Allah might remove the rock)'. One of > ^ „ e. - "/ . ^ ' „ „ ^ 

them said, 'O Allah! My parents were old ^ ^ , 

and I used to go out for to graze (my Jl^- ^ jLp ^ ^JUl 

animals). On my return I would milk (the j^r ."j^* !^JU cJL*JU 

animals) and take the milk in a vessel to my / * 

parents to drink . After they had drunk from Jjai L -a) t I ^pS I : ^j^J 

it, I would give it to my children, family and g >^ ^ ^j^f Ju^ " ^IiLi- Ui- 

wife . One day I was delayed and on my return 

I found my parents sleeping , and I disliked to o o Uj-i o \# I ^ u 15 ^1 

wake them up. The childern were crying at , ' fl U ' ' * f ^J^i 

my feet (because of hunger). That state of 

affairs continued till it was dawn . O Allah! If <o ^li ^>^>J L ^ U ^JL>- U 

You regard that I did it only for Your sake, ^^]\ - m \ "i/ *' r 5 

then please remove this rock so that we may -* ' ^ ,J ~ - 



34 - THE BOOK OF SALES (BARGAINS) 



231 



see the sky.' So, the rock was moved a bit. 
The second said, *0 Allah! You know that I 
was in love with a cousin of mine, like the 
deepest love a man may have for a woman , 
and she told me that I would not get my 
desire fulfilled unless I paid her one hundred 
Dinar (gold pieces) . So, I struggled for it till I 
gathered the desired amount , and when I sat 
in between her legs , she told me to be afraid 
of Allah, and asked me not to deflower her 
except rightfully (by marriage) . So , I got up 
and left her. O Allah! If You regard that I did 
it only for Your sake, kindly remove this 
rock.' So, two-thirds of the rock was 
removed. Then the third man said, *0 
Allah! No doubt You know that once I 
employed a worker for one Faraq (three Sa') 
of millet , and when I wanted to pay him , he 
refused to take it , so I sowed it and from its 
yield I bought cows and a shepherd . After a 
time that man came and demanded his 
money . I said to him : Go to those cows and 
the shepherd and take them for they are for 
you . He asked me whether I was joking with 
him. I told him that I was not joking with 
him, and all that belonged to him . O Allah! 
If You regard that I did it only for Your sake , 
then please remove the rock.' So, the rock 
was removed completely from the mouth of 
the cave ."[See Vol A.Hadlth No .3465 .] 



iui cJUi J\ fa cJ£ b\ ^4iii 

• (H-^ . £U-lJl Lflo 

J\ fa h\ JUj 

iiJi JlJ N :JLJU3 r 

^y-a . J Is t A^-y up Is 

1)1 j$Jl 

^ s?-^ -^r ° ^-u^» 

. ^^ap- ^^Ja^l t4jb! jlp L :JUi 
L^pIj ^1 iJUk jUail :cJ& 
^ ^ 4- 11 ; I : jLia . JjJ L^jU 

JJUi J\ fie oi ^4iJi tdjJ 



34 - THE BOOK OF SALES (BARGAINS) JjJI H tf ri 232 



i lip ^U-^J 

,yrrr t rrvT : <1a:J$ 

[o<\Vi iHio 

(99) CHAPTER. Buying and selling with ^ ^llJlj <^ 
Mushrikun (pagans) and with the enemy at ' J*t* j^ ^^J t 

2216. Narrated 'Abdur-Rahman bin Abu : jU&l ^1 liJJL*- - YY H 

Bakr I ,vi. j : We were with the Prophet f 9 , i , \> > 

^ when a tall Mushnk with long matted u ^* ^' 

unkempt hair came driving his sheep . The ^ j^>- I Ju* ^ 4 ^ ^■* p <^ ' 

Prophet sjg asked him, "Are those sheep for s> , >.i , . - f 

sale or for gifts?" The Mushnk replied, J ^ ' °^ ^ ^/ - 

"They are for sale ."The Prophet #| bought 6 jlS> J^-j ^ p M Zsp^ g 

one sheep from him . „r , 2 > - ^ *i r * i 1 * 

Olds . tgJj-^vo Jjjif JL«-»I^» 

[oTAT fc T"\U : J*\] .SLi 

(100) CHAPTER. The purchase of a slave ^ ^S^IUJl 4^ O * *) 
from the enemy at war and giving him (to ■> ^ . 
somebody) as a gift and manumitting him. a 

The Prophet jg asked Salman to make a : oUJLJ #| ^1 JUj 

contract of his manumission with his masters . > > > , > > t s > ' t > 
In reality Salman was a free man but the + 
Mushrikun oppressed him and sold him . 4)1 Jlij *0*Ajj ^JLg-^J 

' Ammar , Suhaib and Bilal were taken 
captives in (war) booty. ^ ' ^ 

Allah J u; said: ->i^ 1^4^ ^ 4 

"And Allah has preferred some of you ^ . •>< * > i- 

above others in wealth and properties . Then , ^ H - ^ 

those who are preferred will by no means :J^-Jt] 5^ 4-^*^ 

hand over their wealth and properties to ^ 
those (slaves) whom their right hand possess , 
so that they may be equal with them in 
respect thereof/ 1 ^ Do they then deny the 
Favour of Allah?" (V. 16:71) 



(1) (Ch. 100) This example Allah has set forth for the (pagans, etc.) who associate false 
deities with Allah that they would not agree to share their wealth with their slaves, then 
how they agree to share false deities with Allah in His worship. 



34 - THE BOOK OF SALES (BARGAINS) ^Jl H tf - U 233 



2217. Narrated Abu Hurairah <S Sbi : : jUJl J>\ lIiJL>- - Y Y W 

The Prophet gg said, "The Prophet Ibrahim . >e * . > ^ . £ 

(Abraham) p^LJt Up emigrated with Sarah ^ S J* ^ • jr* 

and entered a village where there was a king %\ sjj^i ^1 t 1 

from amongst the kings, or a tyrant from . . ^ • jlj ilp 

amongst the tyrants . (The king) was told that ^ ' ™ ^ 

Ibrahim (Abraham) had entered (the village) L^ J^-ai ljl~> f*>Cjl aIIp 

accompanied by a woman who was one of the * . s . f t f , * , . . . . . ; 

i oil- r jLj>- J I tijaJUJl *^ sJJJU 4j J 

most charming woman . So , the king sent for * v ^ ^ ' ^ 

Ibrahim and asked, 'O Ibrahim (Abraham)! p-^'^i Jc^ • 5^^^' h* 

Who is this lady accompanying you?' Ibrahim - ^ . ^ ^ . . | . - 1 " ^ 

replied, 'She is my sister (i.e., in religion).' ^ J ' * uf^ 3 . 

Then Ibrahim (Abraham) returned to her ^1 oJla t^l^l L jl : <Jl 

and said, 'Do not contradict my statement, . . . si ^ j t ?,iJUj; 

for I have informed them that you are my f 4< ^% 

sister. By Allah, there are no true believers t^^Ji^- ^JL&j *y : Jlii 
on the earth except you and I .' Then Ibrahim 
(Abraham) sent her to the king. When the 



king got to her , she got up and performed . iS^p j ^ j** ^ j V I 

ablution, offered Salat (prayer) and said, 'O . . C r t. 'i'°f- 

Allah! If I have believed in You and Your ^ ^ f ' ^ 
Messenger, and have saved my private parts jl ^ii I : cJ Ui t ^L^Tj Li 
from everybody except my husband, then > • , ■ f - , . / > *. T > *> 
please do not let this disbeliever overpower ^ ^ ^ 

me.' On that the king fell in a state of Qs> JaLl; *Ai ^yrjj ^J* ^j*rj 
unconsiousness (or had an epileptic fit) and " flA j^ " I gj^ 

started moving his legs. On seeing the fc " *^ ^ 
condition of the king, Sarah said, 'O Allah! Jup <^JLS> ji! :Jli Jli 
If he should die, the people will say that I t Jjjj)) • Jjj * \f\ ^ 1 s tf n 
have killed him/ The king regained his ' ' • °% ^<j*^j- 

power, and proceeded towards her but she . -ciii -O^u oJj jl 

got up again and performed ablution , offered ? s ^ t - \ i \ 
Salat (prayer) and said, 'O Allah! If I have * °^ ^ 
believed in You and Your Messenger and 
have kept my private parts safe from all 
except my husband, then please do not let 
this disbeliever overpower me.' The king 
again fell in a state of unconsciousness (or 
had an epileptic fit) and started moving his 
legs. On seeing that state of the king, Sarah 
said, 'O Allah! If he should die, the people 
will say that I have killed him The king got 




34 - THE BOOK OF SALES (BARGAINS) 



234 



either two or three attacks, and after 
recovering from the last attack he said, 'By 
Allah! You have sent a Satan to me . Take her 
to Ibrahim (Abraham) ^ MJ! and give her 
Ajar (Hagar)' . So she came back to Ibrahim 
(Abraham) and said, 'Allah humiliated the 
disbeliever and gave us a slave-girl for 
service 1 



2218. Narrated 'Aishah i«!p fti ^ : Sa'd 
bin Abi Waqqas and 'Abd bin Zam'a 
quarrelled over a boy. Sa'd said, "O Allah's 
Messenger! This boy is the son of my brother 
('Utba bin Abi Waqqas) who took a promise 
from me that I would take him as he was his 
(illegal) son. Look at him and see whom he 
resembles . " 'Abd bin Zam'a said , "O Allah's 
Messenger! This is my brother and was born 
on my father's bed from his slave-girl." 
Allah's Messenger £g cast a look at the boy 
and found definite resemblance to 'Utba and 
then said, "The boy is for you, O'Abd bin 
Zam'a. The child goes to the owner of the 
bed (on which he was born), and the 
adulterer gets nothing but the stones 
(despair, i.e., to be stoned to death). Then 
the Prophet #| said, "O Sauda bint Zam'a! 
Screen yourself from this boy." So, Sauda 
never saw him again . 



2219. Narrated Sa'd that his father said: 
'Abdur- Rahman bin 'Auf said to Suhaib, 
"Fear Allah and do not ascribe yourself to 
somebody other than your father." Suhaib 
replied, "I would not like to say it even if I 
were given large amounts of money, but I say 



[i^o. ,o<m t rroA t rrov 
uSjl^ l^Jb- - UYU 

L4JI Lgii- <bl t^fj a-^Lp jj> 

'■^ If, '^S -Hr 1 J>1 

:JUs aIjL Lfli (jly 4^Li 



^ if Cr^j^^ • if' 



(1) (H. 2217) Ibrahim (Abraham) r ->Ui -a* accepted the gift from the infidel. 



34 - THE BOOK OF SALES (BARGAINS) 



235 



I was kidnapped in my childhood." 



2220. Narrated 'Urwa bin Az-Zubair: 
Hakim bin Hizam said, "O Allah's 
Messenger! I used to do good deeds in the 
Pre-Islamic Period of Ignorance, such as 
keeping good relations with my kith and kin, 
manumitting slaves and giving alms. Shall I 
receive a reward for all that?" Allah's 
Messenger $jg replied, "You embraced 
Islam with all the good deeds which you did 
in the past." 



(101) CHAPTER. The hides of dead animals 
before tanning . 

2221. Narrated 'Abdullah bin 'Abbas ^ 

Once Allah's Messenger ^ passed by a 
dead sheep and said to the people, 
"Wouldn't you benefit by its skin?" 

The people replied that it was dead . 

The Prophet said, "But its eating only is 
illegal." 



(102) CHAPTER. The killing of pigs. 

And Jabir said, "The Prophet *g made the 
sale of pigs illegal." 

2222 . Narrated Abu Hurairah 
Allah's Messenger ^ said, "By Him (Allah) 



I :JIS k>\ o'^l ?\ 



U : <J^ Js> f-JG 

cii Jj \aSj \as J d\ JjL, 

Uj cJ^i J&j .iUi 
rjUJl y\ tijJ* - YYY • 

j\ d^tJi ijj^i c-uij 

[un .-^.ij] .«^L ^ 
if ^ 4»b OO) 



Oj^-I <ul Jup ^ J I <->\$** 

<ul ^Up ^1 <ul Jup jl 



&S>- - YYYY 



34 - THE BOOK OF SALES (BARGAINS) fcjJI wjtf ft 



236 



in Whose Hands my soul is , surely the son of jp t ^ LgJ^ ^ I jp t viJIJ ^ 
Maryam (Mary) 'Iesa (Jesus) (1) will shortly „ ?f s.> t 

descend amongst you people (Muslims) and , * C ^ ; - 

will judge mankind justly by the Law of the 4& I J j-*- j J IS : J ji^ <Cp <b I ^>sf j 
Qur'an (as a just ruler) and will break the -j f , « ^ * - ' ^ 
cross and kill the pigs and abolish the Jizya (a ^ ^ " " ~ 4 ^ r ^ - ^ 
tax taken from the non-Muslims, who are LL^a! L£>- ^J^i ^1 ^Ji* oyZ 
under the protection of the Muslim , . . . . tf t , . 

government. This /izya tax will not be ' , ' ' 

accepted by 'Iesa [(Jesus) f^LJi -Op ]. Then J^>~ JUJl Ja*£j t^J^Jl 
there will be abundance of money and no- ^ , _, * ^ f 'T^s- m 

body will accept charitable gifts. [See rath ' ' 

Al-Bdrt, for details]. [Tit* 

(103) CHAPTER. The fat of the dead animal &J>}\ jjAi e^lJb ^ ^ * r) 

should not be melted, nor should it be sold. > M 

Jabir narrated this from the Prophet 3§§ . ^p ^up 5b I j ^> I*- * 1 j j 

2223. Narrated Ibn 'Abbas U^p fti ^y. bil>. :^Jul4Jl l£U - YYYV 
Once 'Urnar was informed that a certain man ^ ^ > >> „ . > > 

has sold an alcoholic drink. 'Umar said, * ^ ~ urf * J - 

"May Allah curse him! Doesn't he know that <j-"£p ^1 -ul '^j^ utOt^ 
Allah's Messenger^ said, 'May Allah curse ' r . 't i 'V >A i\ • ' 

the Jews, for Allah had forbidden them to eat J C* * J ^ ^ 

the fat of animals but they melted it and sold <b I JJ IS : J Ui 1 1 ^Lj U 



it'." (2 > 



[nv : >1] 



2224 . Narrated Abu Hurairah ilp '4)1 : U^J- 1 : j I jlp - Y Y Y t 

Allah's Messenger gg| said, "May Allah curse 
the jews, because Allah made fat illegal for 



(1) (H.2222) 'Iesa (Jesus), the son of Maryam (Mary) ^^lji <Op will descend as a leader of 
the Muslims, and it is a severe warning to the Christians who claim to be the followers 
of 'Iesa (Jesus^) and he will break the cross and kill the pigs, and he (^^LJi Up) will 
abolish the /ir^Jax and all mankind will be required to embrace Islam with no other 
alternative. 

(2) (H. 2223) This indicates that it is not permissible to sell a thing which is illegal to eat. 



34 - THE BOOK OF SALES (BARGAINS) £jJ1 m tf 237 



them but they sold it and ate its price.' 



(104) CHAPTER. The selling of the pictures 
of inanimated objects having no souls and 
what is hated from that . 

2225. Narrated Said bin Abu Al-Hasan : 
While I was with Ibn ' Abbas iui erf j > 
man came and said, "O father of 'Abbas! I 
am a human being and my sustenance is from 
my manual profession and I make these 
pictures." Ibn 'Abbas said, "I will tell you 
only what I heard from Allah's Messenger $j£ . 
I heard him saying, 'Whoever makes a 
picture will be punished by Allah till he puts 
soul (life) in it , and he will never be able to 
put soul (life) in it.' " Hearing this, that man 
heaved a sigh and his face turned pale . Ibn 
'Abbas said to him , "What a pity! If you insist 
on making pictures I advise you to make 
pictures of trees and any other inanimated 
objects having no souls." 

[See Fath Al-Bari, for details] 



J> e la. 

3bl Jili» : JLi $g &\ 

(^4-^ ^^j^ - -^>44 

rial ^4Jbl5 Jup J>\ J li 
X* l£U - YYYa 



jlp 



0* 



J Lis J>-j oUI SI L»41p CffJ 

^ Cr^ ^ 



JLii 



- - - .-i °" >f , - ^ > 



34 - THE BOOK OF SALES (BARGAINS) £jJI ybf Xt 238 



(105) CHAPTER. Trade of alcoholic drinks SjlAiJl (Hj^ 4^ O ' °) 



is illegal. 



Jabir & ibi ^5 said, "The Prophet ^ : aIp Jjbi ( ^J>j ^U- Jlij 

made the trade of alcoholic drinks illegal." J l£ % }\ ip: 

2226. Narrated 'Aishahl^&i ^y. When t£U : ^HU l&X^ - YYY1 
the last verses of Surat Al-Baqarah were f ° - t - »ln - - • * 
revealed , the Prophet went out (of his ^ ^ 

house to the mosque) and said , "The trade of U- <, J j jL* j& «, 1 

alcoholic drinks has been made illegal." * . r <> , s , . >i , 

^ ojL>JLil c^^-i : (3lii 

(106) CHAPTER. The sin of a person who . Q ^1 t^lL ( ^ • 1) 
sells a free man (knowingly and 

intentionally). 

2227 . Narrated Abu Hurairah ilp «i ^3 : ^L; ^li.U*- - Y Y Y V 
The Prophet ^§ said, "Allah says, 'I will be 
against three persons on the Day of 
Resurrection : 

1. One who makes a covenant in My >*/n K f ' « - 
Name , but he proves treacherous . ^ ~ - w 

2. One who sells a free person (as a slave) JU» ; J 15 j|| ^1 ^ 
and eats the price. r • f *i * ^ ( mi ^ ,.f 

3 . And one who employs a labourer and ^ ^ ' ~' ~ ^ 
gets the full work done by him but does not J5U \j>- £lu J^jj . p ^ 
pay him his wages' ." . 7 f ^?'., > - 

(107) CHAPTER. The Prophet ordered S^JI #§ ^Ijl ^iL ( \ *V) 
the Jews to sell their land when he exiled « >+aj^ - / ^\ " 
them (drove them out of Al-Madina) . * f \ * ^ ffrfJ &i 

; 4ib <\. 



(108) CHAPTER. The sale of a slave (for a jl^Jl j Juill g> uib ( \ • A) 
slave) and an animal for an animal on 
credit. 

>Vnd Ibn £ Umar bought a mount (riding ^jIj ^"'j j-*^ <^ 
camel) for four camels which he promised to 



34 - THE BOOK OF SALES (BARGAINS) fcjjl y - Ti 



239 



deliver at Ar-Rabadha. Ibn 'Abbas said, \^> r \^> ^^ji Z 

"One camel may be better than two." Raff ^ ^ ' | Jjj -JL^JL 

bin Khadij once bought a camel for two ^ " V" * ^ J ' ? - 

camels and he delivered one instantly and lSj^'j -OO^ 1 

said, "If Allah will, I will bring you the other 'q^^ fl - f - j_ > 

tomorrow without delay." And said Ibn Al- ° ^"-^ ^ <2r' ^ Cf ^ 

Musaiyab. "There is no /fc'ta (in animals) Up ^-S'Ij ^ILjT :Jlij t Uii>-i 

i.e., in selling one camel for two , or one > . ' . „ . . • ? 
sheep for two sheep on credit . ■ t ~ ^ 

Ibn Slrin said , "There is no harm in selling ! t j 1JI>J ! ^ £ j N : ^.ll^J I 

one camel for two on credit." . C\ i u £i 1 n 

2228 . Narrated Anas *k\ ^5 : Amongst j_> j LJJJo liijl>- - Y Y Y A 
the captives was Safiyya . First she was given 
to Dihya Al-Kalbi and then to the Prophet 



(109) CHAPTER. The sale of slaves. ^ uL O * <0 

2229. Narrated Abu Sa'Td Al-Khudn ^ :jUJl ^1 liili - YYY<\ 
ibi that while he was sitting with Allah's * .a.. „ * > - • ? 

Messenger ^ (an Ansari man came) and . - ' " . 

said, "O Allah's Messenger! We get female Ul jl *jtjf<* ly\ 

captives as our share of booty, and we are & >• / ^ . , « " • t, 

interested in their prices, what is your ^ ^ 

opinion about coitus interruptus?" The :Jli 5§| jup J~J^ ^4? 

Prophet ^ said, "Do you really do that? It * . . > * lm - 't ' - 
is better for you not to do it. No soul that **" • - ' * " ^ 

which Allah has destined to exist, but will ^ ot^^i JL^ii 

surely come into existence ." : \, \ - if , a , „ r , ■ - 1 , 
[See Fa*/* Al-Bdri] , 



a) 



(1) (H. 431) When the Prophet ^ took Safiyya for himself, he told Dihya to choose 
another slave-girl from among the captives. So, this case is a kind of buying a slave on 
credit . [See Fath Al-Bdri] . 



34 - THE BOOK OF SALES (BARGAINS) fjJ\ utf - U 240 



1 4i) I i_*lS" l^-tls 

(110) CHAPTER. The sale of Mudabbar £rf (U %) 
(i.e., a slave who is promised by his master 
to be manumitted after the latter's death) . 

rm. Narrated Jabir & fti The lil>. : ^ *j>) l&U - YYV* 

Prophet sold a Mudabbar (on behalf of his cr/ „ . > . ,^ 

master who was still living and was in need of r' ^ * > 

money). %\ ^U- ^ *lk£ ^ cJ^S 

2231 . Narrated Jabir bin 'Abdullah ftt ^ UJ Jb- : &Jb- - Y Y V > 
l « I • p: Allah's Messenger sold (a ........ . . <, . K * 

Mudabbar). [See Fath Al-Bari] ' ^ ; C?" o * J ^ ^ - 

2232, 2233. Narrated Zaid bin Khalid and ^ij, ^JJb* - YYYT 4 Y YVY 

Abu Hurairah u^L* ft I that Allah's ^ " t > >„. ^ t «> . > 

Messenger was asked about an • ^ ' ; ^ ^ 

unmarried slave-girl who committed illegal 1 & 1^ : J U U» ji- t ^ I 

sexual intercourse. They heard him saying, . * ? >. . f ±\ - .> * f ... 

Flog v ; her, and if she commits illegal sexual ^* ^* ' "* ^ ; ^ 

intercourse again after that, flog her again, t>f^ 5 jiS* ^ 

md on the third (or the fourth) offense, sell it > . . . , >?? >,W 

ier „<2) 5fg <J>-j L4»1 

cJ} !)l jti cUjll^D) :Jli 

2234.NarratedAbuHurairah^il)i^:I ^ ^>Jl Xj> - YYfl 

heard the Prophet « saying, "If a slave-girl . ^ J^I :Jli 4)1 
of yours commits illegal sexual intercourse ^ - 



(1) (H. 2232) A slave-girl committing illegal sexual intercourse is punished with 50 lashes, 
which are half the lashes given to a free unmarried person. Stoning is not prescribed for 
slaves committing illegal sexual intercourse . 

(2) (H. 2232) The narrator is not sure whether the Prophet ^ said, "...the third or the 
fourth offense . . ." 



34 - THE BOOK OF SALES (BARGAINS) 



241 



and her illegal sexual intercourse is proved , 
she should be lashed, and after that nobody 
should blame her, and if she commits illegal 
sexual intercourse the second time, she 
should be lashed and nobody should blame 
her after that , and if she does the offense for 
the third time and her illegal sexual 
intercourse is proved, she should be sold, 
even for a hair rope." 



(Ill) CHAPTER. One can travel with a 
slave-girl without knowing whether she is 
pregnant or not? 

Al-Hasan found no harm in her master's 
kissing or fondling with her . 

Ibn 'Umar u£^ fti ^3 said, "If a slave-girl 
who is suitable to have sexual relations is 
given to somebody as a gift, or sold or 
manumitted, her master should not have 
sexual intercourse with her before she gets 
one menstruation so as to be sure of absence 
of pregnancy, and there is no such necessity 
for a virgin." 

'Ata said, "There is no harm in fondling 
with one's pregnant (1) slave-girl without 
having sexual intercourse with her. Allah 
said: 

'Except with their wives and the (woman 
slaves) whom their right hands possess...'" 
(V.70 :30) 

2235 . Narrated Anas bin Malik £U fti ^3 : 
the Prophet ^ came to Khaibar and when 
Allah made him victorious and he conquered 
the town by breaking the enemy's defense, 
the beauty of Safiyya bint Huyal bin Akhtab 
was mentioned to him. Her husband had 
been killed while she was a bride. Allah's 



jl>J I UjlL>4^ u| p <- Lglip 
iil Jlij *<r^ Uj^ ^ J^l^Ji 



(in c^ 1 If* jj** y. jj** 



(1) (Ch. Ill) Pregnant from another man, not her master. 



34 - THE BOOK OF SALES (BARGAINS) 



£j«n y W - ri 242 



Messenger ^ selected her for himself and he 
set out in her company till he reached Sadd- 
ar-Rawha' where her menses were over and 
he married her . Then Hais (a kind of meal) 
was prepared and served on a small leather 
sheet (used for serving meals). Allah's 
Messenger then said to me, "Inform 
those who are around you (about the 
wedding banquet)." So that was the 
marriage banquet given by Allah's 
Messenger for (his marriage with) Safiyya. 
After that we proceeded to Al-Madina and I 
saw that Allah's Messenger ^ was covering 
her with a cloak while she was behind him. 
Then he would sit beside his camel and let 
Safiyya put her feet on his knees to ride (the 
camel) . 



(112) CHAPTER. The sale of dead animals 
and idols . 



Crt ts^~ ^r~~t. ^f*^ JL*-=r <d 



: JIS 



L^TJ ^j.^tt 4lJSj 

[rv\ r^ij] 
.^Slij £UJI ^ 4>L <m) 



2236. Narrated Jabir bin 'Abdullah fti ^5 
: In the year of the conquest of Makkah, 
I heard Allah's Messenger saying, "Allah 
and His Messenger made illegal the trade of 
alcoholic liquors, dead animals, pigs and 
idols." The people asked, "O Allah's 
Messenger! What about the fat of dead 
animals, for it was used for greasing the 
boats and the hides ; and people use it for 
lights?" He said, "No, it is illegal." Allah's 
Messenger 11 further said , "May Allah curse 
the Jews , for Allah made the fat (of animals) 
illegal for them, yet they melted the fat and 
sold it and ate its price." 



LJjb- LjJL>- - YYV1 



34 - THE BOOK OF SALES (BARGAINS) £$JI uittf Ti 



243 



J Li j t I jJLS'li L 

bii>- !Ju*>Jl -up LjJl>- ijW 5 ^- 

:>!] .#t ^lll ^ ilp &l 

[nrr ^t^ 

(113) CHAPTER. The price of a dog. . uJ&l y>H ujL (\\T) 

2237. Narrated Abu Mas'ud Al-Ansari ^ &\ liil> - YYVV 

^ Crf j> : Allah's Messenger ^ forbade ^ , ^iUL, U M '* ' * 
taking the price of a dog , money earned by ^ ^ 4 J ^ m * ^-'-"J* 

prostitution and the earnings of a soothsayer. JlIp jS^> ^ I ^p . ^ 1 g . i 

t T TAT . 0\j±J-j 

2238. Narrated Aun bin Abu Juhaifa: I ^ ^\J^ \lljJ» - YYVA 
saw my father buying a slave whose . f # > ;s , * 
profession was cupping, and ordered that ' 

his instruments (of cupping) be broken. I ^1 cJlj : J IS IaSJ? ^1 by> 

asked him the reason for doing so. He ^^{^J^ ' "U L»L>L>- ' : * I 

replied, ''Allah's Messenger prohibited - [ { ^ J ~~^ 

taking money for blood, the price of a dog, jl :JUS ttiUS ^p <dLi 

and the earnings of a slave-girl by e . ' ^ ^ < ' t * - 

prostitution ; he £g cursed her who tattoos \^ * „ ^ ; ; 

and her who gets tattooed, the eater of Riba jkij t<uVl <~ r ^j tv-JKJl j-^j 

(usury) and also the one who gives it and the # . - r ^ x ^ ^ ' - - 1 , ^ t , 

maker of pictures . ^ ^ " ^ 

[T*A"\ .j^2-<Jl jr*Jj 



35 - THE BOOK OF AS-SALAM ,JUM wtf TO | 244 

35-THEBOOKOF^S-&4L4M pJLJ> UiW - TO 

(A sale in which the price is paid at 
once for goods to be delivered later) 

(1) CHAPTER.^s-Sa/am by a definite known ^JjJ> J> jJLlll lSL O) 
specified measure. * ' 

2239. Narrated Ibn 'Abbas &i ^ : - *Yt^ 
Allah's Messenger ^ came to Al-Madina ^> 'i^l^ u"°-f - 
and the people used to pay in advance the ' - ^ * ' a -> 
price of fruits to be delivered within one or xs> j& t £^ 

two years. (The subnarrator is in doubt ^ „ jijij |" ° 

whetlier it was one to two years or two to ^ c - ^ 4 4^ 

three years.) The Prophet 3g said, "Whoever ^ jj : J U ' ^r" ^ 

pays money in advance for dates (to be * \^\ j_^J \ A \ \ * " 

delivered later) should pay it for known ^ ^ " ^ - f-* 

specified weight and measure (of the dates) ." - L*J 1 j ^ UJ I \ o^ILIj 

Narrated Ibn Abi Najih as above, s / *' - a " - t1 „ 9 t 

mentioning only known specific measure . Sr^ 

i > 

J )] ^ ^ c^ 1 

[XT of t m\ 

(2) CHAPTER. As-Saiam for a known ^} ^ jJ^J! (Y) 
specified weight. ' " " 

2240. Narrated Ibn 'Abbas 14U &i j^y. k'jJA : - Y Y 1 * 
The Prophet #| came to Al-Madina and the : ( > ^ , £ ;;W , ^ 
people used to pay in advance the price of 1 5^ ^ ~ 
dates to be delivered within two or three ^| ^ ^ <&i jIp ji- 
years . He said (to them) , "Whoever pays in ^ , * t& ' \ " JUlJi 
advance the price of a thing to be delivered * ^ 4 - 
later should pay it for a known specified OJ^JI ^ ^iJl ^Ji :J15 1*4^ 
measure , at known specified weight , for a - r tf 1 1 °" \ ' * • * s > - 



known specified time-period," 



35 - THE BOOK OF AS-SALAM 



,JLJ1 uttf - ro 



245 



Narrated Ibn Abi Najih as above , saying , 
"He should pay the price in advance for a 
known specified measure and for a known 
specified time-period." 



2241. Narrated Ibn 'Abbas 14^ fti 
The Prophet ^ came (to Al-Madina) and he 
told the people (regarding the payment of 
money in advance that they should pay it) for 
known specified measure and a known 
specified weight and known specified time- 
period . 



2242, 2243. Narrated Shu'ba : 
Muhammad or 'Abdullah bin Abu Al- 
Mujalid said, " 'Abdullah bin Shaddad and 
Abu Burda differed regarding As-Salam , so 
they sent me to Ibn Abi Aufa u^p ft t ^3 and 
I asked him about it. He replied, 'In the 
lifetime ot Allah's Messenger , Abu Bakr 
and 'Ulnar, we used to pay in advance the 
prices of wheat, barley, dried grapes and 
dates to be delivered later / I also asked Ibn 
Abza and he, too, replied as above. " 



jjjj ^u; $s j& ^ 

:JIS jQi lijb- S&si- 
LJjb- liJai - YYH 

.-LP ^ 4 Cr^ S^' ^ 

l4^p ifoi c^fj If) 

^1 l*£U - YYtr ,YYtY 

^ I ^ I jp t v^J. ttjb- : jJ^J I 

^1 ^ ■^>^» jp ^ jp 

^LfrJl illi ^ <bt jlp Jiliil 

:^„jbji] .iui jL JL^ ^1 



35 - THE BOOK OF AS-SAIAM fUJI utfcf - to 246 



*[yyoo t rr 1 1 h ;i t YY*Y 

[YYot cYYiO : ;YYiT :^JbJl] 
(3) CHAPTER. As-Salam to a person who JjUp JJJ »>• Jl f^J ( ^ 



has got nothing (to pay for the prices he 

receives in advance) . 

2244, 2245. Narrated Muhammad bin Al- J* ^ - YYU tYYi i 

Mujalid: 'Abdullah bin Shaddad and Abu 

Burda sent me to 'Abdullah bin Abi Aufa 

up <b i and told me to ask 'Abdullah ^1 JU>^ LoJ^- :^llJLJl LoOp- 

whether the people in the lifetime of the , 5 1 > ~ :~ ( i > 

^ , . , pi ^IJU- .y 4iil jlp . :Jla JUUwo 

Prophet ^ used to pay in advance for wheat * , / * - ' " 

(to be delivered later). 'Abdullah replied, ^ijl ^1 oiy 

"We used to pay in advance to the peasants - . . • - vll .r , . 

of Sham for wheat , barley and olive oil for a ° - , 

known specified measure to be delivered in a ^ ^JJ I Jl^p 5i| J^JJ 1 \>*^> \ 

known specified time-period ."I asked (him), m ^ *^ j^r ^^f^jj * j ^jj 

"Was; the price paid (in advance) to those " ' ^ ' ' ' ^ 

who had the things to be delivered later?" ^ ^liJl jX\ ILj c-aLIJ uS 

'Abdullah bin Aufa replied , "We did not use ' . ' s,. 

to ask them about that Then they sent me * ~ e> ' , ^7 ' > 

to 'Abdur Rahman bin Abza and I asked ^1 : cJlS • { J>-' ^! f >^ 

him. He replied, "The Companions of the .a* ' * >f . f ' ' 

US U ! J Is ^ eJLlP <JL/r I J 15 *w0 

Prophet gg; used to practise As-Salam in the ' ^ ^ 

lifetime of the Prophet ^ and we did not use jIp ^1 p . dUi jp ^ILlJ 

to ask them whether they had standing crops - . r r ^ . ,efi W 

or not." ^ ' *<-£^' tlr^^r' 

Narrated Muhammad bin Abi Al-Mujalid Jl^p #t ^^^^ 

as above (Hadith No.2244 , 2245) and said, + * »>tf . lijLj if *J^1 

"We used to pay them in advance for wheat ' \ J z J 

and barley (to be delivered later)." [YY*r t YY*Y .?N 

Narrated Ash-Shaibani, "And also for > > n , ;s ^. - . 

oil. cr. , 7 ' 

Narrated Ash-Shaibani (who said) "We JuA* ^p t^LliJl jp t4bl Jup 

used to pay in advance for wheat , barley and *>^,.>r - t , - ^ , ' > f 

dned grapes." J ~ " s?; 

4jI Jup Jlsj . ^JLJlj i^L>Jl 

J^ju-^ZJl jjP t jij>- Uj Jj>- 



35 - THE BOOK OF AS-SALAM yfcff - TO 



247 



2246. Narrated Abu Bakhtar! At-Tai: I bjjb*. : ^Sl ll£U - YY£n 



asked Ibn 'Abbas L4^ <i>i ^ j about As-Salam 
for (the fruits of) date-palms. He replied, 

'The Prophet £fe forbade the sale of dates on j^l oJL- : J IS ^sUaJ I ^ ^HiJ I 

the trees till they became fit for eating and . r^j ( , Uilp ifo I - ' ' ' l^p 

could be weighed." A man asked what to be ^ \ ^ ^ ^ • 

weighed (as the dates were still on the trees) . ^ ^ :J1S tjAlJl 

Another man sitting beside Ibn 'Abbas > s - > 5' V"?ii 

replied, 'Till they are cut and stored ^JJi cP>- J^ 3 

Narrated Abu Al-Bakhtari: I heard Ibn J>-3 <J J^i* ^° • J 

'Abbas <i>i ^3 (saying) that the Prophet ; ^ ■ * s . . . 

■a r i j ;' , Jbj.«3 jl^- :ob- J l 

forbade ... etc. as above . ^ " ^ ' * 

J IS j j^*-^ c Lj JL>- ! J Uw 

[TTo* t YUA : ^1] . ilL 

(4) CHAPTER. As-Salam for (the fruits of) jilll ^ pill I 4»L (t) 

date-palms . 



2247 , 2248 . Narrated Abu al-Bakhtari : I ^ I - Y Y t A t Y Y £ V 

asked Ibn 'Umar &i ^j>j about As-Salam e . , . . Ljj^ ' jJ "Jl 

for (the fruits) of date-palms. He replied, ^ ^ ' — ^ 

"The Prophet ^ forbade the sale of dates till ^i- ^ I cjL- : J IS ^ JiAll I ^ I 
their benefit becomes evident and fit for . T^jj - \ > f ^ >^ 

eating, and also the sale of silver (for gold) S? 3 ^ ^ ^ 

on credit." 0^ :JLa* tjAlJl 

I asked Ibn 'Abbas about As-Salam for ' r / . >/ \ ^ 

dates and he replied, 'The Prophet £g \ <^ ^ ^ 

forbade the sale of dates till they were fit j*ilJI ^ cJL-j 

for eating and could be estimated ." » „ , * u , „r , • * 

j^l j\ - J^3^ j^- jilll ^ 

[rm 

2249, 2250. Narrated Abu Al-Bakhtari: I JuUi llil^ - YYo • ^YY£<\ 



(1) (H. 2246) In some narrations occurs: Till they could be estimated (while still on the 
trees).' 



35 - THE BOOK OF AS-SALAM ?U\ wtf TO 



248 



asked Ibn'Umarup <i>i about As-Salam <.ZJ*J> l^Jb>- ijolp L5Jb>- : jlll ^ 

for dates. Ibn 'Umar replied, "The Prophet . 81 \ * ' <. " 

forbade the sale (of fruits) of date-palms ^ ' ^ ^ ' J J** ^ 

until they were fit for eating; and also ^JlIJI l<4^ t>-fj 6^ 

forbade the sale of silver for gold on , i *u * "U" r v'*\\ ' 

credit." I also asked Ibn 'Abbas about it. ^ ^ ^ * J ^ 

Ibn 'Abbas replied, "The Prophet forbade Js> . ^UaJ Ji>- jliJI £^ 

the sale of dates till they were fit for eating, > , r ^T. 

and could be weighed." I asked him, "What ^ - ; * 

is to be weighed (as the dates are on the ^p «|| ^Jj 1 ^ : J Us ^ Up ^ I 
trees)?" A man sitting by Ibn 'Abbas said , "It 
means till they are cut and stored." 



: £=rbJ -jy^ :eJ ^ J^-j 




(5) CHAPTER. The guarantor in As-Salam . jJLLJI J diU (o) 

2251. Narrated 'Aishah lJJLp fti ^y. j-j jlLnJ - tto\ 
Allah's Messenger ^ bought some 
foodstuff (barley) from a jew on credit and 
mortgaged his iron armour to him (the amour t 

stands for a guarantor). ^ ^ , ^ „ 

(6) CHAPTER. Mortgaging mAs-Salam. (JLlJl J (n) 

2252. Narrated Al-Amash: We argued at £j U>JJ> - 



Ibrahim's dwelling place about mortgaging in 
As-Salam. He said, "Aishah l^Ip ^5 said, 

'The Prophet bought some foodstuff from ^j* 1^1 alp U^5\a5 : J li ^ii- V 1 

a jew on credit and the payment was to be rs .r* . 

made by a known definite time-period, and ^ f 

he mortgaged his iron armour to him'." : IJIp <ul i^Jlp ^p 

[T»1A :^r\j] -JbJ^ Ipj^ 



35 - THE BOOK OF AS-SALAM ^\ yltf TO 



249 



(V) 



(7) CHAPTER.^-Sa&m for a fixed specified ^JjJ> Jit J\ £L 

period. * ,t >' . 

Ibn 'Abbas, Abu Said, Al-Aswad and Al- — * J ^f- V 
Hasan permitted it. Ibn 'Umar said, "There ^1 Jlij . ypVlj j-liJlj 

is no harm in buying foodstuff to be delivered . * ' -Jl ' ' t ^ 

within a known specified time-period, at a -J**^ ^-^^ ^ ^ 

known fixed price provided that it is not j£ U t^JbU Jil ^ ^JJU 
standing crops that have not yet become ripe * * jl» lj ° ' * JjJ' 

and free from blights and diseases." ' ^ " r t JJ ^ 

2253. Narrated Ibn 'Abbas u4^ &i ^y. L^J^ : ^IiJ l^JL>- - YYaV 

The Prophet #| came to Al-Madlna and the ^ B . * : | ^ „ * ^ ^ 

people used to pay in advance the prices of ' * ^ s£ ^ lt^ *■ ^ - 

fruits to be delivered within two to three t Jl^ljl ^! ^ <• ^1 <ul 

years. The Prophet #| said (to them), "Buy ^ ^ L^jTifcl * * & \ 

fruits by paying their prices in advance on f ' ^ ^ * ^ 

condition that the fruits are to be delivered to ^ by^i o-uJl j|§ ^lil 

you according to a known specified measure , * j |jj * | JolLj 1 uJj I 

within a known specified time-period." Ibn * ^ c r rr™ u J 

Najih said .by a known specified measure j» jiii JlS ^ jUBl ^ I^aLIU 

and a known specified weight." * , -,~ / 

2254, 2255. Narrated Muhammad bin Abl juii l&U- - YYaa tYYal 

Al-Mujalid: Abu Burda and 'Abdullah bin \y'°-\ ^ U '"1 * lJUi ' 

Shaddad sent me to 'Abdur Rahman bin ^ *' ^ ^ 

Abza and 'Abdullah bin AbiAufa to ask them j& t^LliJ! uUlJL. jp <. u L<L» 
about the As-Salaf (As-Salam). They said, \, ■? {t t £ - ' 

"We used to get war booty while we were ^ " ' ^ ' 

with Allah's Messenger and when the jup J! jlJLi I jup j sS^ ^! 



peasants of Sham came to us we used to pay 
them in advance for wheat, barley, and oil to 

be delivered within a known fixed time- : lii <. l-aLU I ji- U-^J LwJ t ^ j 1 

period." I asked them, "Did the peasants ^ . . > f 

own standing crops or not? They replied, ^ ' / C \ ' 

"We never asked them about it." ^llJli^Ul^isUILjUul^i 

Ol^i :JU tcf lli Jit Jl 



35 - THE BOOK OFAS-SALAM fXiJ\ utf - TO 



250 



(8) CHAPTER. As-Salam in buying a she- Sill I ->t JJ ^JLllI 4»L> (A) 
camel to be delivered after it has given birth . 

2256. Narrated 'Abdullah <J> : The j-> jj> ^JjS- - T T o 1 

people used to sell camels on the basis of , . ? - „ 

Habal-il-HabalaS» The Prophet forbade ^ U ^ : J^~! 

such sale . Nafi' explained Habal-il-Habala by : J 15 <up *u I 5" * 4^ ir* 

saying . "The she-camel is to be delivered to ^ ^ „ ? ^ 

the buyer after the she-camel gives birth." ^ JJj^ .\ y 

[TUT 



(1) (H.2256) See glossary. 



36 - THE BOOK OF PRE-EMPTION 



251 



36 - THE BOOK OF PRE-EMPTION 
[As-Salam in Ash-Shufa 
(pre-emption)] 

(1) CHAPTER. Shufa (pre emption) is valid 
if the property is undivided, but if the limits 
become defined, then there is no pre- 
emption . 

2257 . Narrated Jabir bin 'Abdullah %\ ^3 
L*4^ : Allah's Messenger gave the verdict 
of pre-emption (Shufa) for every undivided 
joint thing (property). But if the limits are 
defined (or demarcated) or the ways and 
streets are fixed, then there is no pre- 
emption . 



(2) CHAPTER. The partner should inform 
his partner, who has the right of pre- 
emption, of his intention to sell his share 
before selling it. 

Al-Hakam said , "If the pre-emptor allows 
his partner to sell before selling, then he has 
no pre-emption any more." Ash-Sha'bT said, 
"If the pre-emptor witnesses the sale of what 
he has the right to buy by pre-emption and 
does not object to that sale , he loses the right 
of pre-emption." 

2258 . Narrated ' Amr bin Ash-Sharld : 
While I was standing with Sa'd bin Abi 
Waqqas, Al-Miswar bin Makhrama came 
and put his hand on my shoulder. Mean- 
while Abu Rafi', the freed slave of the 
Prophet #5 came and asked Sa'd to buy 
from him the (two) dwellings which were in 
his house . Sa'd said , "By Allah I will not buy 
them." Al-Miswar said, "By Allah, you shall 



iiu jus; uj s&)i £l o> 

LoJLp- l^l>- - YY*V 

t>f j 5" 1 4* if. fM- if 'o^^Ji 

<H ^Jl ^Js3 :Jli L>4^ iil 

cJ^Jl ^J>j ^jUJl 

[yy\r i^-ij] .Uii tAi 



^ r^LJl LiilU - YYoA 
Lf,s?~\ Cf^ ^jr^ : p^\f.l 

Cf. Jy^ if c 5 ^ '^i 

^ SI .C< 



36 - THE BOOK OF PRE-EMPTION AuUUt wltf - n 252 



buy them. "Sa'd replied, "By Allah J will not L :Jli ^ ^1 J> ^0 ^ 
pay more than four thousand (Dirhams) by £j ^ • ? o *:°( 

installments." Abu Rafi* said, "I have been - * ^ ^ ^ 

offered five hundred Dinar (for it) and had I J Ui t L>-g-p Uj i Li &\j 



not heard the Prophet & saving, The tU j^ L ^j ^ 

neighbour has more right than anyone else ^ * ? ' *^V~ 

because of his nearness, I would not give ^jjjl J-p iSxjl ^ : 

them to you for four thousand (Dirham: j >f of . M r 

while I am offered five hundred Dinar (one > 

Dinar equals ten Dirhams) for them So , he a5 Lg_> c~JaP 1 AiJ : ^ 1 j 

sold it to Sa'd. i( ^ > ° - *f v f °r V 

Li jUJU : J jij J|g 

. oLj! LaULpLs tjLj^ 4JL^w1wIj>- 

(3) CHAPTER. Who is considered as the J 1 ^' ^ : ^ 
nearer neighbour' 



2259. Narrated 'Aishah \& fti ^ : I : ^lA^ tfJl^ - TTM 

said. "O Allah's Messenger! I have two i( > , . ,<« , 1 

neighbours and would like to know to which \ " * ^ ^ ^ 

of them I should give presents." He replied, y\ \^J&- : oLi LuO^- : 1^0^ 

"To the one whose door is nearer to you." . - - ?r ' e - . 'n- • r 

:cJi L$1p 2b I lijU jZ> jbl 



37 - THE BOOK OF HIRING o y - TV 



253 



37 - THE BOOK OF HIRING 5 jU>VI ^Uf - W 

(Concerning Hiring) 

(1) CHAPTER. To hire a pious man. J^\P' ijLl O) 

The Statement of Allah JU; : ^ C , . . , 

"...Verily,thebestofmenforyoutohire ^ \,,fr 3 9 

is the strong, the trustworthy." (V.28 :26) : ^l] ^LflM\ t$j& 
(And what is said about) the honest 

treasurer, and the person who does not 

employ the one who is in an earnest pursuit . 

of a job (position). 



2260 . Narrated Abu Musa Al-Ash'ari ^ ^ jlL^J LLjJLi - Y Y V 

ibi : The Prophet $$ } said, "The honest c * 9 > \ * ' • . > * 

treasurer who gives willingly what he is ^ ^ <,J - - y-^ji 

ordered to give, is one of the two charitable <J\ <.sS^ ^1 <jJb*- J la 

persons (the second being the owner) ." - * - e 1 f . " ^ > * 

jJSl\ 0jUJl» :#| JU :Jli 

> ^ f * > ^ *V " \ \" #> Mi 

Jb-I 4j ^al U O-iJj t^Jji 

2261. Narrated Abu Musa <S fti ^y, I lijb- : Slli l^O>- - 
went to the Prophet £g with two men from ^ ^ . . :£; > , . 
Ash'ari tribe. I said (to the Prophet ^ ), "I ' J ^ °^ ^ fc '■^ 
do not know that they want employment." jp tSS^ ^1 LSJb- : J*>U jj jLLi- 
The Prophet M said , "No , we do not appoint * u u > \a$ t1 - * > ? 
for our jobs anybody who demands it ^ ^> ^ ^ * cr~J^ 
earnestly." : JJjb ^ o^Jrj 

LUp ^jIp J^JeLlj ^ j I fc^Jf 

t *nr t irn t r*rA : ^i] .«o3lj! 
tv^oi t vuH 4*mr t ius ara 
[vwr tv^ov 

(2) CHAPTER. To shepherd sheep for L>J ) J* J&l J>j ujL (Y) 



(1) (Ch. 2) One Qi'ra; equals one-half Danlq and one Danlq equals : one-sixth of Dirham. 
Sometimes it may very big as Uhud mountain (at Al-Madlna) . 



37 - THE BOOK OF HIRING ojt>)M otf TV 



254 



2262. Narrated Abu Hurairah iil ^ j : jJL^o ^ l 
The Prophet i| said , "Allah did not send any ? . > > * , ^ * . 3 j^j ^ 
Prophet but he shepherded sheep." His ^ ^ J ^ g ' 
Companions asked him. "Did you do the <cp <&l 0^ 
same?" The Prophet #| replied , "Yes , I used ^ ^ ^ .-j" , 
to shepherd the sheep of the people of " ^ - J ^ ^ 
Makkah for some Qirat." : jUi . «^ijiJl ^1 

Lilpjl c^S t : ?cJlj 

(3) CHAPTER. The employment of JUp ^^ItJl jUai* 4^ ^ 

Mushrikun (by Muslims) if necessary, or if \ ^ > • t °f w - > fi . t( 

" " . La 1 JL>- u J bl jl 1 j j j+aJ ! 

no Muslim is available for that purpose. w \ * v 

And the Prophet ^ employed the Jews of - j^- *ykt tjr^ J^^J 

Khaibar (for the purpose of irrigating the 
land). 

2263. Narrated 'Aishah \fr %\ ^ : The ^ p-^l^l ~ 

Prophet and Abu Bakr employed a . 9 . „ , + ^» ' * f • ' ' 
(Mushrik) man from the tribe of Bam Ad- ^ ^ ^ '^3* 

Dail and the trible of Banl'Abd bin ' Adi as a j& j^y>\ ^ oj^p ^-iSj^y^ a* 

guide . He was an expert guide and he broke ^ t- ° , . - , 

the oath contract which he had to abide by ^ ^ ^ g y 7 

with the tribe of Al-' As! bin Wa'il , and he was jj yJr j j& Jrj 2H y 



on the religion of Quraish pagans * , ^ . .<>*.. 

(Mushrikun) . The Prophet jg and Abu Bakr ^ ^ ^ ^ ^ ^ y : 

had confidence in him and gave him their J~i^ ^ t CIjl^JL ^aUJI : LoU 

riding camels and told him to bring them to UJI Jl ' r ' 

the cave of Thaur after three days. So he V' J ^ ^ \ tf - ^ * ' ^ i 

brought them their two riding camels after . L* U l J^tJ* j ^ ^ <J^ J^J 

three days , and both of them (the Prophet 1 • » . , - r - r 

and Abu Bakr) set out accompanied by Amir v ^ T- - ^ - - 

bin Fuhaira and the Daili guide who guided Lo_alJlj . JLJ JL *-? 

them below Makkah along the road leading ; tl t - . ^ . 

to the sea-shore . " *• *• 

jilt ^ JL^U t^jJl JJ^Jlj 



37 - THE BOOK OF HIRING ^fcf - rv 



255 



(4) CHAPTER. It is legal if somebody hires £ ^JQ \^\ y^&i \l\ (i) 

someone to work for him after three days, or ,* ,sf - ; 

after one month or after a year. When that ^/ ' ^ ^ 'f L -' ^ 

period elapses they should carry out their U$J^ ^**J 

contract. * > i * . 

J^l *l£ lit Jlfc^il 

2264. Narrated 'Aishah &i the : ^ ^ - YYlt 
wife of the Prophet £g : Allah's Messenger ^ ,* . . - ; .? t 
and Abu Bakr hired a man from the tribe of ^ J : ^ - 1 
Bam Ad-Dail as an expert guide who was a jl ^JjJ! Sj^p ^J^-U : 
pagans (Mushrik) follower of the religion of \ ^. „ e * ^ \ . ^ *i 
the pagans {Mushrikun) of Quraish. The ^ ^ £^ ^ *>f J Uj ' Lp 
Prophet ^ and Abu Bakr gave him their J\ j $|| &\ djLj yr'^j :cJU 
two riding camels and took a promise from • li ° " ' - <r 
him to bring their riding camels in the '-^ J* ^ ^ ^ 
morning of the third day to the cave of UiJLi ^ j£j jij 
Thaur. ^ ( ; ' ( ^ a - 

-Uj j^j jLp ol^-ljj Lk^Iiip-lj <Ljl 

(5) CHAPTER. Employing labourers for /^}\ J J»L (©) 
services in holy battles . 

2265. Narrated Ya'la bin Umaiyya ibi jj>j 
aIp : I fought in Jaish-al-Vsra (Ghazwa of 
Tabuk) along with the Prophet ^ and in my 
opinion that was the best of my deeds. At 
that time I had an employee who quarrelled 
with someone , and one of them bit and cut 
the other's finger and caused his own tooth to 
fall out . He , then , went to the Prophet #| 
(with a complaint) but the Prophet 
cancelled the suit and said to the 
complainant , "Did you expect him to let his 
finger in your mouth so that you might snap 
and cut it as does a stallion camel?" 




37 - THE BOOK OF HIRING yltf - TV 256 



^aJu L5» :Jli 
2266 . Narrated Ibn Juraij from 'Abdullah : ^tj-^r J ~ 



bin Abu Mulaika from his grandfather a a * 
similar story : A man bit the hand of another 



man and caused his own tooth to fall out , but o\ : ^ukJ I o Jla jL-j oJl>- 

Abu Bakr £^ &\ judged that he had no >f . . - »f. >^ r ^ - rf r . <s. , 

right for compensation (for the broken ^ " cr- > - c 



tooth). . ibl <>f>j ^ 

(6) CHAPTER. If somebody employs j% yr^»\ \l\ 4*L CO 
someone and tells him the period for which j e jj 'irjjj ^ M 4J 
he is ployed, is it permissible for him not ^ ^ r ^ <-^" 

to tell him the nature of the work? ^} tSJ^l &>£S\ ^ -bj 

(It is permissible, if he takes into ^ £ ;J s 

consideration Allah's Statement): He said: ^ ' 

"I intend to wed one of these two daughters L> [TA-W : ..aJLll] ^ J~^==j 

of mine to you... (till the end of the Verse) ^ . >» ? „ * , B > r 

..Allah is a Surety over what we say... S? ' v y 

(V.28:27, 28) .5*1 iS^fl 

(7) CHAPTER. It is permissible for one to JLp 1^4 ty 4^ 
employ someone to repair a wall which is u ^ ° * > * ft - -* 
about to collapse. J * „ - ' ^ 

2267 . Narrated Ubai bin Ka'b & iiii ^ : ^ ^ ~ * ^ V 

Mali's Messenger ^ said , "Both of them * | . ^ > > > " > U ' °* ! * ' ' 

[Musa (Moses) and Al-Khidr] proceeded on * ^"ji & f . ^ * 

till they reached a wall which was about to JtJ^~\ tS^ 

fall .''Said said /X^-|^i^ r P omtec *) his e " . . ^ * * ' JLli > j£; 

hands (towards the wall) and then raised his ^ ' i & ' J & L ^ JU " 

hands and the wall became straightened up." ^Lp Uj^J^-I JujJ c J^r 

Yala said, "I think Sa'id said, 'He (Khidr) » , . /.r ' , . 

passed his hand over it and it was " ^ "-^ 

straightened up.' (Musa said to him), "If ^1 J J li : J 15 (.J^- ji- *ojl>4 

you had wanted you could have taken wages £ J ^ • 1 ' 'i 1 - * ' i 5 " 

for it ." Said said , "Wages with which to buy ^ * ^ J ^ • 

food." :|H 4jI J 15 : J li <^J6 ^ 



37 - THE BOOK OF HIRING o jb>?1 TV 



257 



JUS . (t*UHli - oJu 1 1 JL^Ia 

Jli «[VV :^i«S3l] 4^ ^ 

(8) CHAPTER. Employment up to midday. J\ ojbf^l ljL (A) 

2268. Narrated Ibn 'Umar u4^ <fci jrfj: j-» jU-LL* LuJL>- - YY"\A 
The Prophet ^ said, "Your example and the 
example of the people of the two Scriptures 
(i .e . , Jews and Christians) is like the example <b I C^fj if. ' tf- i ^ J* 

of a man who employed some labourers and e Au- ■ 'u- * * 
asked them, 'Who will work for me from r^" ' J ^ 4^ 
morning till midday for one QiratT The Jews J^-^ Jrc-!^^' J^ 1 J^-* J 

accepted and carried out the work. He then ^l^AJ ' ' Jlii 'V '\ ''til 

asked, 'Who will work for me from midday v cr 1 ^ * * 

up to the 'Salat-ul-Asr for one QiratT The jl^IJl ^aJg-J J I S^Jlp ^ 

Christians accepted and fulfilled the work. e . m fi f > > . ~i ' r ?u ** 
He then said, 'Who will work for me from the ^ * J ^ 

S4sr till sunset for two QiratT You, Muslims 5*>L> jl^' S^- 
have accepted the offer. The Jews and the 
Christians got angry and said, 'Why should 



we work more and get lesser wages?' (Allah) J^JC :Jli ^ .^j^ 2 ^ 1 

said, 'Have I withheld part of your right?' " > - ° j n 

They replied in the negative. He said, 'It is ^ O"*"^ J 

My Blessing, I bestow upon whomever I a ^JJl ?jJSl^J 

Wlsh '"' SUp >5! III U :\J[& ^jLiilj 

iJLJjJ : Jli :I^Jli ? ( JcU 

(9) CHAPTER. Employment up to the Asr. ^^aiJI J\ SjU->l ^) 

2269. Narrated 'Abdullah bin 'Umar bin ^\ ^ J^U^I l^J^- - YYH 

Al-Khattab up & i ^fj : Allah's Messenger ^ 

g§ said, "Your example and the example of " ^ ^ ^ ' ^T"^ 

Jews and Christians is like the example of a i^Ip <ul Jup jL.^ j^l <jbl 
man who employed some labourers to whom 



37 - THE BOOK OF HIRING 



258 



he said, 'Who will work for me up to midday 
for one Qirat each?' The Jews carried out the 
work for one Qirat each; and then the 
Christians carried out the work up to the 
Asr for one Qirat each ; and now you Muslims 
are working from the^4sr up to sunset for two 
Qirat each. The Jews and Christians got 
angry and said, 'We work more and are paid 
less.' The employer (Allah) asked them, 
'Have I usurped some of your right?' They 
replied in the negative. He (Allah) said, 
'That is My Blessing, I bestow upon 
whomever I wish.' " 



(10) CHAPTER. The sin of him who 
withholds the wages of the employee . 

2270. Narrated Abu Hurairah 
The Prophet said, "Allah said, 'I will be 
an opponent to three types of people on the 
Day of Resurrection : 

1. One who makes a covenant in My 
Name , but proves treacherous ; 

2 . One who sells a free person (as a slave) 
and eats his price ; and 

3 . One who employs a labourer and takes 
full work from him but does not pay him for 
his labour.' " 



^j4^' V^** ^1^2? 

£ ' - * 



w p -ty'A k v A J* 



JU t £UaP jil j Hi ^ii 



^ Jii^ liili- - Y YV • 

: JU; ft I 3li» ^Jl ^ 

r 5 erf <J*^ 



[TTYV 



37 - THE BOOK OF HIRING Sjb>VI y W TV 259 



J&»» : JIS <; 
MIp aJ OjJUj^ 




(11) CHAPTER. Employment from <Asr till J| ^iiJl ^ SjU-)ll ujL (U) 
night. - jjjl 

2271 . Narrated Abu Musa The ^ JiJUwo Ll$JL>. 

Prophet said, "The example of Muslims, 
Jews and Christians is like the example of a 
man who employed labourers to work for him ^J* y> \ 

from morning till night for specific wages. * { ^^ . - !r 
They worked till midday and then said, 'We 
do not need your money which you have fixed JiiS' ^ j UaJ I j 
for us and let whatever we have done be 
annulled.' The man said to them, 'Don't quit 
the work , but complete the rest of it and take yr \ J^l' 

your full wages.' But they refused and went . * J^r " . . ' j| j JLje 

away (like the Jews who refused to believe in ^ *" - / ^ * -r^* 3 

the Message of Jesus Up). The man cJ^^i ^JJl iJ ^-1 ^5] U i>l> ^ 
employed another batch after them and said M „ r . r , ,r 

to them, 'Complete the rest of the day and ™ % \ , 

yours will be the wages I had fixed for the first 1 ji>- j <4£ ' jl*^ ' <■ ' 

batch.' So, they worked till the time of 'Asr. \ A' - \ "\j Sl^LS" IS \ 
Then they said, Let what we have done be * f-^J-^ 
annulled and keep the wages you have :Jlii t^ijiiJ J^^T ^jftl^ij 
promised us for yourself. The man said to ^ */j ^ 1^°' 1 Juif 
them 'Complete the rest of the work, as only - ' fy J ^ — ■ >^ 

a little of the day remains.' But they refused \ Ju^ <. j» ^ <^>'j^ 

(like the Christians who refused to believe in . ... ' , . ^ „ •: ,^ 

the Message of Muhammad #|) . Thereafter tf . ' e £ 

he employed another batch to work for the ^JJi Si j JtU llLi- U 

rest of the day and they worked for the rest of | i£j . <J LJ cJU^- 

the day till sunset, and they received the 

wages of the two former batches (like the jl£S\ qa> U jU tJ&*& ZX> 
Muslims) . So , that was the example of this * f [a " ' ' U | \ * 
light [Islamic Monotheism, the Qur'an, the ^ *" * tj ^ ri 

Sunna (legal ways of the Prophet ^) and the I _^Uii f-^? 35 Kf. ^ 

(guidance) which Prophet Muhammad £g t-.^^_l-J I " 'Lp " ' 

brought] which they (Muslims) have accepted a ^'"^ ^^T^ j 1 - 

willingly" c U^IiS" ^^ijyiJl ^>-l I jJU^Llt j 



(1) (H. 2271) The Jews refused to believe in the Message of 'Iesa (Jesus), so all their work 
was annulled ; similarly, the Christians refused to accept the Message of Muhammad ^ 
and thus their work was annulled too . Such people were not rewarded , because they 
refused to have true Faith for the rest of their lives and died as disbelievers. They 
should have believed in the latest Message ; for their insistence on keeping their old= 



37 - THE BOOK OF HIRING ij\>?\ TV 260 



(12) CHAPTER. Whosoever employed a 
labourer (and after completing the work) 
the labourer left the wages and went away. 
The employer invested that money in some 
way and increased it thereby, or whoever 
invested somebody else's money in business 
and increased it thereby. 

2272. Narrated * Abdullah bin 'Umar ^j>j 
<a\ : I heard Allah's Messenger ^ saying, 
"Three men from among those who were 
before you, set out together till they reached 
a cave at night and entered it. A big rock 
rolled down the mountain and closed the 
mouth of the cave . They said (to each other) , 
'Nothing could save you from this rock but to 
invoke Allah by giving reference to the 
righteous deed which you have done (for 
Allah's sake only).' So, one of them said, 'O 
Allah! I had old parents (whom I used to 
provide milk first) and I never provided my 
family (wife, children etc.) with milk before 
them . One day , by chance I was delayed , and 
I came late (at night) while they had slept, I 
milked the sheep for them and took the milk 
to them , but I found them sleeping . I disliked 
to provide my family with the milk before 
them. I waited for them and the bowl of milk 
was in my hand and I kept on waiting for 
them to get up till the day dawned . Then they 
got up and drank the milk. O Allah! If I did 
that for Your sake only, please relieve us 
from our critical situation caused by this 
rock.' So, the rock shifted a little, but they 
could not get out." 



Ijjh IjA \ j\J li J^ij 

j^li jl5 lyL* Jj*J 

L^Lp oxli JlI^JI Ij* 

^4ii :^4^ Jij .jiiyuil 
^13 /nu Siif u4ii jit h 

£jl U}j v-JJ* ^ 



= religion deprived them of the reward which they would have got for their previous 
good deeds achieved before the advent of the new religion. On the other hand, 
Muslims accepted and believed in all the three Messages and deserved a full reward for 
their complete surrender to Allah. {Al-Qastalani ', Vol . 4) 



37 - THE BOOK OF HIRING 1 jl>*l wfcf rv 



261 



The Prophet ^ further said /The second L^ii Ikill^ U I J>^J 

man said, 'O Allah! I had a cousin who was JJ^J Jj£ ' j * * | j | y >^ 

the dearest of all people to me and I wanted ^ " ' °t ' ^^-^ 

to have sexual intercourse with her but she 5J i y^> U. lip <h$>-j £Lol 

refused. Later, she had a hard time in a year ^ ^ . _ " "L JgJ | JL* 

from amongst the famine years and she came - , ^"- rAj *■ o^waJ oAa j>» 

to me and I gave her one hundred and twenty ^Jl J 15 . «^j^>Jl 
Dinars on the condition that she would not 



Li 4^1 cJtf £ 



resist my desire , and she agreed . When I was 

about to fulfil my desire, she said : It is illegal I^jSjU ^Jl ^llll Jl^-I 
for you to outrage my chastity except by 
legitimate marriage. So, I thought it a sin to 

have sexual intercourse with her and left her, tgillapli tj^W^ ^>™^ Ifc 
though she was the dearest of all the people 
to me , and also I left the gold I had given her . 

O Allah! If I did that for Your sake only, lil iJ L>- tcJiiis 1 j^j ^jZ 
please relieve us from the present calamity.' 
So, the rock shifted a little more, but still 
they could not get out from there." ^ (.a^Aj ^] ^il>Jl JjJC 

The Prophet added, 'Then the third . ^ - ? ' LJ^p ~'J 

man said, 'O Allah! I employed few labourers - J 1S ^^r^ 4^ 

and I paid them their wages with the 
exception of one man who did not take his 
wages and went away. I invested his wages 
and I got much property thereby. (Then after 
some time) he came and said to me: O 
Allah's slave! Pay me my wages. I said to 
him : All the camels, cows, sheep and slaves 

vou see, are yours. He said : O Allah's slave! s > - - v , a - 

Don't mock at me. I said : I am not mocking ^ Jby> ijgg^l JU 

at you. So, he took all the herd and drove ^ g,:!.lg sli o^-ULli ^1 

them away and left nothing. O Allah! If I did >j ^ ^ ( ^ ^ r 
that for Your sake only, please relieve us - ^ * - J i ^ rj ^ 

from the present suffering.' So, that rock Ij'JS o^-I 1j*J& vlJo j 

shifted completely and they got outwalking." . - * . - > ? t 

u : J Us ^*L>** J l^o^ I 

: 4J cJUi ij^l ^il ^Sl t<bl jlp 

Ji>ll ^ il^l > J* 




37 - THE BOOK OF HIRING Djb^l Mtf TV 



262 



, > ^ r tf i, . >«c 

(13) CHAPTER. One who employs himself ill; ^ 4*L OV) 
to carry loads on his back and then gives in f - * ^ ; * £ m* i - 
charity from his wages, and (what is said T * \ ^ 
about) the wages of porters . 

2213. Narrated Abu Mas'ud Al-Ansari JJ^i ^ JL^ - YYVV 

^ fti L >^3: Whenever Allah's Messenger ^ . ;s f . * -n . ' 

ordered us to give in chanty we would go to ^ ^ - V* 

the market and work as porters to earn a ^1 j-p ij^i-i j-p t^lU-Vl 

Mwdd (two hand-fulls) (of foodstuff), but ^ * [^alSl\ * * ° " 

now some of us have one hundred thousand ^ ^ ^j? if*"** 

Dirham or Dinar. (The sub-narrator) Shaqiq U^il lil jl| aSiI d^j OIS" :J15 

said, "I think Abu Mas'ud meant himself by . tl ,.*-f ^r»-:. « t , 

saying (some of us) . £ . > ^ 

(14) CHAPTER. Wages of a broker. S^l^lJI ^1 O *) 

Ibn Sinn, 'Ata', Ibrahim and Al-Hasan £Ua_Pj o^-j^-^ i-i' j-t 

did not see any harm in them. Ibn 'Abbas , * tl \\ > , , > . ». 

said, There is no harm if one says (to a ^ ^" ' ^ , t 

broker), 'Sell this garment for such a price oi J^U N : ^^p ^1 Jlij . 

and whatever more you get, is for you.'" . . , ; " - i u i' • . 't 

Ibn Sirln said, If one says to a broker, / . - - " 

'Sell it for such a price and if you get more, JUj . JiJ J-gJ IJlSj IjlS 

the profit will be for you or divided between . r ><» -t,- ,r , 

, , . , . . „ Jo Us IJL>o :Jli bl • v-^ 

us , there is no harm in it . - - 5 w-^-- 

Tlie Prophet ^ said, "Muslims should *>U ^<iJuljj j\ «-iJJLi 



J 1 I J .A t w*> \—J 



abide by their conditions." 

.^^iajjji) JUp O j^>-L*v*JU) 

2274. Narrated Tawus : Ibn 'Abbas fti ^3 bJjb- : SllJ l^i>- - Y YV 1 
L4^ said, "The Prophet M forbade the . , ,^ tl >^ 

, . . j .yl -yp t ^ UjJL>- . JL>-1 Jl JUP 

meeting of caravans (on the way) and r' y v * * ^ . 



37 - THE BOOK OF HIRING o j\>f\ ytf TV 263 



ordained that no townsman is permitted to ^Xs* j>\ t J '^jU* 

sell things on behalf of a bedouin." I asked 
Ibn 'Abbas, "What is the meaning of his 



saying, 'No townsman is permitted to sell oU ^-*fL^ ^ ^ j oUS^I ^J&j 
things on behalf of a bedouin / " He replied, • ^j " U ll£ ' I L ' cJi 

"He should not work as a broker for him." ^ fc V ■ ^ 

(15) CHAPTER. Is it permissible for a ill; ^Jl ZiL> (\o) 
Muslim to work as an employee for ^ „ , . . A , . ^> „ 
Mushrikun in a land of infidelity? ofr J y 

221$ . Narrated Khabbab fti : I was : ^^i^ ^> ^ii UjJL>- - YYVa 
a blacksmith and did some work for Al-'As 
bin Wa'il. When he owed me some money 
for my work, I went to him to ask for that 
amount. He said, "I will not pay you unless 
you disbelieve in Muhammad OH)." I said, 
"By Allah! I will never do that till you die and 
be resurrected." He said, "Will I be dead and 
then resurrected after my death?" I said, 
"Yes." He said, "There I will have property 
and offspring and then I will pay you your 
due." Then Allah JU; revealed: "Have you 
seen him who disbelieved in Our "Ayat" (this 
Qur'an and Muhammad ) and said * I shall 
certainly be given wealth and children?" t ' 

(V.19:77) .iJUJU jJjj JU p J bj^> 

^ Jib 

[Y«<U .[W 

(16) CHAPTER. What is paid for Ruqya J* X¥)\ Jz£ U 4»L Ol) 
(i.e., Divine Speech recited as a means of .Vi/-- t' — n ( »f 
curing diseases) with Surat Al-Fatiha , when j - ' ' ; j ' • 
practised over an Arab tribe . : ^l! I ^ lit- y) J IS j 




37 - THE BOOK OF HIRING Sj WM wtf TV 



264 



^IjS j^Jl ^^ij . jjilll 'Jr\ 
:JUj jlS :J\ij tLL ^LliJi 

2276. Narrated AbO Sa'id & &i ^ : : jUilil ^1 lil^ - YYVl 
Some of the Companions of the Prophet . • f e . ~ , >f , ^ 

went on a journey till they reached some of ^ -ii- ^ ~ ~- 
the Arab tribes (at night). They asked the ,y«fj ^ i/* <■ J^3^' ^ 

latter to treat them as their guests but they . \ e -r r !, >^ k , 

refused. The chief of that tribe was then ; ^ ~ ^ 

bitten by a snake (or stung by a scorpion) and < j&- Ujy L- o^i^ ^ ^ ^Jl 
they tried their best to cure him but in vain . e s / _ > ; 

Some of them said (to the others), "Nothing 5 - ^ ^ ^ 

has benefited him, will you go to the people i ^ pj^Li^U 

who resided here at night, it may be that *.t < l0 ^r , tl ',,) r fr 

some of them might possess something (as ^ - ~ ST Cr 
treatment)." They went to the group of the jJ : ^ 
Companions (of the Prophet ^ ) and said, ^ > : „ ^ N ' ' °^-| 

"Our chief has been bitten by a snake (or ^ * 

stung by a scorpion) and we have tried f^H^*-? ^ ^ 

everything but he has not benefited. Have , ^ , , n„r 

you got anything (useful)? One of them ^ * ^ ^ ~ ^ 

replied, "Yes, by Allah! J can recite aRuqya, J^i t £jL M J^L aJ Lli^- j 

but as you have refused to accept us as your „ ; Ci - f 

guests, I will not recite the Ruqya for you ^ ^ - r - * 

unless you fix for us some wages for it." They t>! 5^-* '■f^ • f»4^^j 

agreed to pay them a flock of sheep. One of , u ^ > >u = ^< - - * , i , 

thern then went and recited (5ura/ Al~ ^ / 

Fcitiha): All the praises and thanks be to U jl^j Ul Li 

Allah, the Lord of the 'Alamin (mankind, „ > -AJL^J Siii 

jinn and all that exists). And puffed over the ^ l -^ > ' r 

chief who became all right as if he was 4^ o^->^ ■ ^j^^ 

released from a chain , and got up and started 
walking, showing no signs of sickness. They 

paid them what they agreed to pay. Some of L _ s 4^ Jj^L^ J Up ^> JLiJ LJli^3 
thern (i.e., the Companions) then suggested 
to divide their earnings among themselves, 



JUp 



37 - THE BOOK OF HIRING Sjb>?1 y Itf TV 



265 



but the one who performed the recitation Jlii ^_ijJL)L> ^JJl 

said, "Do not divide them till we go to the _ * f > • 

Prophet & and narrate the whole story to V J ^- J 4 : 

him, and wait for his order ."So, they went to jSJci j|| ^Ji\ jfc JU- \ j\JJc ^ 

Allah's Messenger^ and narrated the story. > - r ,o>t, r " A >\ 

Allah's Messenger £ asked, "How did you ^ " ^ >^ ^ ^ J 

come to know that Surat Al-Fatiha was : jUi ij j|| 4)1 J^J/, JLp 

recited as RuqyaT Then he added, "You tfjt * *, ^ . 

have done the right thing. Divide (what you : <-^ U-^ Aj* L*J» 

have earned) and assign a share for me as jjjji \y t j^>\ j i^L^A 

well." The Prophet m, smiled thereupon. >f ' s, ^ . - * ^ 

^1 JL .3gg ^1 cUUu-ii ,«L4- 

.Li*. jljllJl LI '.jJL 

(17) CHAPTER. The taxes imposed on the 
slaves by their masters ; and the leniency in 
imposing taxes on female slaves . 

2277 . Narrated Anas bin Malik ft I : 
When Abu Taiba cupped the Prophet ijg and 
the Prophet ^ ordered that he be paid one or ^ lul ^ * 

two Sd' of foodstuff and he interceded with diJU ^1 ^Jl ^ ^Jij^ 1 

his masters to reduce his taxes. " a. *f . " 

(18) CHAPTER. The wages of one who has f L^Jl ^jji JjL O A) 
the profession of cupping. 

2278, Narrated Ibn 'Abbas ^ fti ^\\ j_, ^^jJ liijL> - YYVA 
When the Prophet was cupped, he paid , ^ Lil>. * °' ' LJjL>. * ' " 1 
the man who cupped him his wages. ^ ^ " ^ ' J^^*"i 




37 - THE BOOK OF HIRING Sjb>>! wltf - TV 



266 



2279. Narrated Ibn 'Abbas uj^ fill ^j: LJjU :Sll2 t&U - YYV^ 
When the Prophet gfg was cupped, he paid . . tJ j\^. ? ' t * \ jjj 
the nan who cupped him his wages. If it had ^ " ^ ^ ^ 
been undesirable he would not have paid 4)1 ^^fO o*- irt^ <J* ^j** 

him - j^Cig^i^r^iiutfp 

Davo i^-ij] .aLAJ 

2280. Narrated Anas II*. fti The LiJ^ : ^ jjI u5jl>- - YYA« 
Prophet ^ used to get cupped and would t ^ 
never withhold the wages of any person. ' ^ 



\ J jJL <UP 4)1 {j*?J LJ I 



[y w -e^-l Tjl^-T 

(19) CHAPTER. Whoever appealed to the ^ f« 



masters of a slave to reduce his taxes. 



j>- ^jA l^ii>w 

U - YYA^ 



2281 . Narrated Anas bin Malik ^ &i ^3 : LJJL>- : pSl LjJL^- - Y Y A \ 

The Prophet 3g sent for a slave who had the 

profession of cupping, and he cupped him. 

The Prophet #| ordered that he be paid one LpS :JlS Jill 4^ t>f 

or two Sa', or one or two Mudd of foodstuff, ,A > ^ > * u 

jA \ 5 <u->tj>t3 U L>&j»- u jVp 5gE ' 
and appealed to his masters to reduce his ^ ^ * ' J ^ \ 

taxes. j I Ju }I c^IpL^ j\ 

[YW i^lj] 

(20) CHAPTER. The earnings of prostitutes *£M ^ Y ' ) 

and female-slaves . - - ti tf ti - • f * ' » •» - ^ 

<o»*_jLL-M ,_>- I /%— ^ai-ji o j_5 j 
Ibrahim hated the earnings of female " \^ 

waiters and female singers. ^jfy '• &\ J^J • 

The Statement of Allah Ju;: "...And *. t>v r > ^> 

force not your maids to prostitution , if they * " c > ^ r - - 

desire chastity, in order that you may make a 5^ 0*J sS^ ijif 

gain in the (perishable) goods of this worldly /» < ^>-r ^ — r ^ 

life. But if anyone compels them (to ^^f J ot ^ 

prostitution) then after such compulsion, :jiaL« Jlij t[YT 

Allah is Oft-Forgiving, Most Merciful (to 

. ? Lai 

those women i.e., He will forgive them v 5 



37 - THE BOOK OF HIRING o jbtfl ^tf rv 



because they have been forced to do this evil 
action unwillingly)" (V.24 :33) . 



267 



2282. Narrated Abu Mas'ud Al-Ansari tJu^* ^ uJo>- - YYAY 

^ Cff 5- Allah's Messenger prohibited j s , ( „ ' 

(from taking) the price of a dog, the earnings ^ ^ Cf-o* it *- a* 

of a prostitute, and the charges taken by a jt OjUJi ^ J^^ 1 4^ ^ ^? 

sooth-sayer. * i - ?Vn • - f • - ' i i 

L<2j j I 1 j^P t ^ L^* 

[rrrv .pistil ol^iij 

2283. Narrated Abu Hurairah i-p &i ^3 : ^-L-Li IIjJL>- - Y Y AV 
The Prophet prohibited the earnings of ' ' * * ' I *l 
slave-girls (through prostitution) . & / ^ 1 * P"^ 

?JS\ J£ :Jli ilp Sbl ^3 

(21) CHAPTER. (Charging for) the semen of Jiill t^L (Y\) 
a male animal , (i .e . , copulation of animals) . 

2284. Narrated Ibn 'Umar uj^ fti IiJjl^- - YYA1 
The Prophet 3§ forbade taking a price for , \"\ ? 'LpUI.1 a llll jlp 
animal copulation . 1 ^ ^ 

tf> C^U ^P Cpi^Jl ^1 ^ ^P 

J£ :3li 2)1 (>fj >p ^1 

(22) CHAPTER. If somebody rents land and oUi U>j1 lal 

he or the owner of the land dies (will the UaJL>4 
contract be cancelled)? 

According to Ibn Slrin the inheritors have j I aIa V JJJ '• Crtjr? Cri ' 3 1* j 
no right to expel the tenant before the term . . . - It i i - u ' > > 
of the contract has elapsed . ¥ ' \ ^ jrt *T ' 

Al-Hakam, Al-Hasan and Ayas bin :4jjL*£ ji J 
Mu'awlya said, "The contract remains valid * . 't,- .-i-f t.i-i-vn 
till the end of the term." ^ f J ^ J\y±T^ 

Ibn 'Umar said, "The Prophet rented *, j£h\> ^li ill 
the land of Khaibar on the terms that half the 



37 - THE BOOK OF HIRING o j\g#\ wtf TV 



268 



Z Li jl ^5Jb 

i»j 4jl JuP ^P 

4il J^-j ^5^1 



yield would be his shore. That contract 38§ ^ ^ 

continued during the lifetime of the 
Prophet ^g, Abu Bakr, and the early part 

of 'Umar's caliphate." It was not mentioned U jJu ojl^-Nl Sl>- Li jl ^£Ju 
that Abu Bakr renewed the contract after the 
death of the Prophet . 

2285. Narrated Abdullah bin Umar ^ j-> ^ jj> lljJL>- - tt Ao 
L»4^ fti : "Allah's Messenger ^ gave the land 
of Khaibar to the Jews to work on it and 

cultivate it and take half of its yield." Ibn <up <tiil Jr^j &\ 4^ if lA 
Umar added , "The land used to be rented for 
a certain portion (of its yield)/' Nafi' 
mentioned the amount of the portion but I li ol * 

^Lp <s'J& ^jijJl ol aSJ^ 

. <dii>-l N £^L olLC- 

t m<\ t yyta t rm t rm t rrrA 
[mA ,r\or ,yvy. 

2286. Rafi 4 bin Khadij said ,"The Prophet ^J^- ^ Mj - ttAn 
^forbade renting farms." - . „ - ^ M . r V 

^ ^ m ^ 

Narrated 'Ubaidullah, Nafi* said: Ibn ^1 j& t( ^L ^p 4jI oIIp JUj 
'Umar said: (The contract of Khaibar " ^ >t > e 'y^_\ • 
continued) till 'Umar evacuated the Jews ' ^ * * ' 

(from Khaibar). [tvtt ,rm tTrrr 



38 - THE BOOK OF AL-HAWALAT critlja)! yltf U 269 



38 -THE BOOK OF AL-HAWAIAT oVij^Ii wUf - fA 

(1) CHAPTER. Al-Hawala (the transference ^ g-^ tSll^Jl tjL O) 

of a debt from one person to another. It is an " ?4J|^J| 
agreement whereby a debtor is released from ' - 

a debt by another becoming responsible for 
it). 

Can Hawala be rejected by the creditors after 
accepting it? 

Al-Hasan and Qatada said, "If the ^ jlS" IS! Jlij 
transferee was rich when the debt was > . - 
transferred, the agreement is final and ^* 

irrevocable by the creditor." jJLl j jlSL^JLJl ^jliJj : ^Ui- 

Ibn 'Abbas said, "When two partners * .'\ .^i ■? > ^ % 

disassociate and one of them accepts assets - - - 

while the other accepts debts as a part of his ^^JLp p U-AJk>-^ ^ jU 

share, if the debts could not be collected 
(because of the death of the debtor, his 
bankruptcy, or his denial of the debt, etc.), 
the one who has accepted the debts would 
have no right to demand any compensation 
from his partner." This is applied also in 
setting the affairs of inheritors . 



2287 . Narrated Abu Hurairah & ft i ^ : lL\l>- - Y Y A V 

The Prophet £g said, "Procrastination 
(delay) in paying debts by a wealthy man is 



erf' 



injustice . So , if your debt is transferred from ^) J* <• ^ ' J* <• ^ jJ ' 

your debtor to a rich debtor, you should ..^ ^ '>i, 

I^U ^ jH^ 



[Y* • • «, YYAA 



(2) CHAPTER. If somebody's debt are J* cJUJI ^> & (?) 

transferred to a rich debtor, the Hawala 



(1) (H. 2287) As the postponement of paying debts by a rich person is injustice, one should 
accept Hawala upon that man, for one may be better able to collect the debt from the 
rich man than the transferor. Thus, by accepting the Hawala one helps the rich man to 
avoid injustice . {Path Al-Bari) . 



38 - THE BOOK OF AL-HA WALA T pSIjfld! uli - TA 



270 



is irrevocable . . . J*4^ L^* 

a! 

2288. Narrated Abu Hurairah & &i ^3 : ^ JlL>^ \Jl£jL> - Y Y AA 

The Prophet M said, "Procrastination . „ > > , ;* . > > 

•jji t l) Loa-**> L^j Jl>- .uUj u 

(delay) in paying debts by a wealthy person r ^ - ^ ^ 

is injustice . So , if your debts is transferred y> ^1 t ' tlr* 1 ^ 

from your debtor to a rich debtor , you should , - „ tf f , ' ^ >e - ' >* . 

agree"' = #1 ^ 

J* £\ j^j .pi &\ 

(3) CHAPTER. If the debts due on a dead J* Jb4 1S| 4»L (V0 

person are transferred to somebody, the ^ 

transference is legal and valid . J * ir J 

2289. Narrated Salama bin Al-Akwa' ^ ^> \llx>- - YYAA 

*Ip iii: Once, while we were sitting in the ^> f > > . , ;s . ^ r „, 

company of Prophet sg, a dead body was *-* ^ ^ 

brought. The Prophet ^ was requested to <up 4)1 J^fO dtf ^-LS> ^ 

lead the funeral Salat (prayer) for the ; _ ,V' ^ - £ g ^ 

deceased. He said, "Is he in debt?" The « ^ 'T - 

people replied in the negative . He said , "Has <, Lfr^- J-*^ M jJ Ui © j L>*j ^ 1 

heleftanywealth?"Theysaid,"No."So,he ^ > ^ ^ '. j"^ 

led his funeral prayer. Another dead person ^ ^ ^ 

was brought and the people said, "O Allah's M^Jli hj J^ )} 

Messenger! Lead his funeral Salat (prayer)." „ . j ^ „ , -f tf J i - * 

The Prophet Sg said, "Is he in debt?" They V / ' ' ^ ? ' " L V* 

said, "Yes." He said, "Has he left any . 1$I1p c«S)I J^i j L» :1jJUs 

wealth?" They said, "Three Dinar." So, he . ^ 

led the funeral prayer. Then a third dead J 1 ^ Of- y-^ ~ eT ^ 

person was brought and the people said (to £*>tf ^IjJli «?bl** J4* w 

the Prophet "Please lead his funeral <\\tu ,A *t \ *\' - *i> 

Salat (prayer)." He said, "Has he left any — > & ^ ' ^ < ^ a3 ' ^; 3 

wealth?" They said,"No." He asked, "Is he ily Ji» :Jli . l^U : IjJUi 

in debt?" They said, ("Yes! He has to pay) .r. vt , ' . ' e -. 

three Dinar. He [refused to offer funeral ^ 

(prayer) and] said, "Then offer : Jli t^JUS L : *>U : 1^315 

(prayer) for your (dead) companion." Abu >f -...r . . ^ . , . f ^ 

Qatada said , "O Allah's Messenger! Lead his ^ v > ' ^ ^ 

funeral prayer, and I will pay his debt." So, ^bl u j^>j Ij J-^ 

he led the (prayer). " rvvA f , r 

r *^ 7 [YT^o : ^l] .4lU (JUoa .Oi 



39 - THE BOOK OF AL-KAFALA S\iSi\ ottf - H 



271 



39 - THE BOOK OF AL-KAFALA ilU&l uiUS" - fl 



Ia^p^ j^Vl OjJ^b 



(1) CHAPTER. Al-Kafala (i.e., the pledge c^jlJl ^ *JU£JI 4»U (0 
given by somebody to the creditor to 
guarantee that the debtor will be present at 
a certain specific place to pay his debt or 
fine, or to undergo a punishment, etc.) in 
loans and debts with oneself or other things 
(e.g., one's money). 



2290. Narrated Muhammad bin < AmrAl- J>\ Jlij - YY^ 

Aslami that his father Hamza said : 'Umar 
^ Cs«?'j sent him (i.e., Hamza) as a 
SadaqajZakdt collector. A man had <up 4jI ^J>j jl 

committed illegal sexual intercourse with _y*\ ^_ +^ --.r \\\^ 
the slave-girl of his wife . Hamza took ^ ^ ' L ^ rj C?-* 5 c 
(personal) sureties for the adulterer till they ^Ji Jis>- tyj6 J>-^Jl ^ I'yS- i^-U 
came to 'Umar. 'Umar had lashed the 
adulterer one hundred lashes . 'Umar 



confirmed their claim (that the adulterer . <LlL^>JL> ^jipj ^JjUki l J ^r 

had already been punished) and excused him '^A,, * . 

because of being ignorant . v } '\* " ' 

Jarir Al-Ash'ath said to Ibn Mas'ud p4^i (*4™^ : ^jJC^IJI $y^~* 

regarding renegades (i.e., those who . lAjjJ I 'lii 
became infidels after embracing Islam), 

"Let them repent and take (personal) oUi ^^-iL jJ&J lil 

sureties for them." They repented and their " > „ , iitAJl J Li <lIp 

relatives stood sureties for them. (2) . • cr^^l • p-*^ J 



(1) (H . 2290) This is an abridged version of a long story which goes : 'Umar sent Hamza to 
collect Zakdt . A man argued with his wife before Hamza . He told her to pay the Zakdt 
of the wealth of her slave-girl's son, while she told him to pay the Zakdt of his son's 
wealth . Hamza asked what the matter was . He was told that the man was the husband 
of that woman and that he had committed illegal sexual intercourse with her slave-girl 
who gave birth to a boy. The woman manumitted the boy who inherited the wealth 
from his mother. 

On hearing the story, Hamza said to the man, "I will definitely stone you (in 
punishment of the crime) ." 

The people said, "The case had been taken to 'Umar (the caliph) who gave him one 
hundred lashes but did not sentence him to stoning." Somebody stood surety for the 
man. When Hamza came to 'Umar, 'Umar confirmed their claim and said that he had 
not stoned him , because he had committed illegal sexual intercourse ignorantly (i .e . , 
he thought that it was legal for him to have sexual relation with his wife's slave-girl). 
(Ibid p. 374). 

(2) (Ch. 2290) The story of the renegades was narrated by Haritha bin Madrab, who= 



39 - THE BOOK OF AL-KAFALA illifll ujUT X<\ 272 



According to Hammad, if somebody 
stands surety for another person and that 
person dies, the person giving surety will be 
released from responsibility. According to 
Al-Hakam, his responsibility continues. 

?.?91 . Narrated Abu Hurairah & fti ^j>j : 
The Prophet ^ said, "An Israeli man asked 
another Israeli to lend him one thousand 
Dinar , The second man required witnesses . 
The former replied, * Allah is sufficient as a 
witness.' The second said, 'I want a surety.' 
The former replied , 'Allah is sufficient as a 
surety.' The second said, 'You are right,' and 
lent him the money for a certain period . The 
debtor went across the sea . When he finished 
his job, he searched for a conveyance so that 
he might reach in time for the repayment of 
the debt , but he could not find any . So , he 
took a piece of wood and made a hole in it , 
inserted in it one thousand Dinar and a letter 
to the lender and then closed (i.e., sealed) 
the hole tightly . He took the piece of wood to 
the sea and said, 'O Allah! You know well 
that I took a loan of one thousand Dinar from 
so-and-so. He demanded a surety from me 
but I told him that Allah's Guarantee was 
efficient and he accepted Your Guarantee. 
He then asked for a witness and I told him 
that Allah was sufficient as a witness. No 
doubt, I have tried hard to find a conveyance 
so that I could pay back his money but could 
not find, so I hand over this money to You.' 
Saying that , he threw the piece of wood into 



5JU1 Oj^j w\ f^fj « jtj* 

frU^.t.JL :jUi jLo OA\ 

4)1 J6 : Jli J^&L j& : Jli 
O I V^dli <• cJ Jutf : J li . *>LiS 

, -;^r * - ' 'A' 1 - 9 - 
LA yC3 <uJL^- Jo- U t US y> 

fa :jUi >J1 Jl Lfj 

jLo <_iJl U*>U oiL-J c^S J I 



==said, "I offered the morning prayer with 'Abdullah bin Mas'ud. When the Salat 
(prayer) ended, a man got up and informed him that he had gone to the mosque of 
BanI Hanifa and heard the Mu'adhdhin of 'Abdullah bin An-Nawwaha saying, 'I testify 
that Musailama (the liar) is Allah's Messenger." 

Ibn Mas'ud sent for Ibn An-Nawwaha and had put him to death . He then consulted his 
companions regarding Ibn An-Nawwaha's followers who were one hundred and seventy 
men. 'Adi bin Hatim suggested that they be killed. Jarir and Al-Ash'ath got up and 
said, 'No, but let them repent and let their tribes stand sureties for them.' So, they 
repented and their tribes stood sureties for them." (Ibid. p. 375) 



39 - THE BOOK OF AL-KAFALA AlUfll wtf - T"\ 



273 



the sea till it went out far into it , and then he : cJUi IJL$-i CffJ 

went away. Meanwhile he started searching * . r i," 

Jl 9 . viuJU "-s^ j l-Ufui -ojL 
for a conveyance in order to reach the ^ ; ^ ^ ^ / • t - r ^ 

creditor's country. One day the lender came Ol ^Ju\ L5y> l>-\ jl oJip- 

out of his house to see whether a ship had ^ 8 jlJ! I J_J 

arrived bringing his money, and all of a ST"*-* P 

sudden he saw the piece of wood in which his \ ^ Lf# t jjii I 

money had been deposited. He took it home ^ > <J <LJ^' ~ 

to use as fire-wood. When he sawed it, he t0 ^ vaj f-' * 5s? • 

found his money and the letter inside it. ojJb £>>«j ^r-^ ^ 

Shortly after that, the debtor came bringing ' 15 JLSl 'U-^Jl " " * ' 

one thousand Dinar to him and said, 'By ***** - 

Allah , I had been trying hard to get a boat so Cl>JL lil* 4JUj *L>- jls LS^i JJJ 

that I could bring you your money, but failed ^ ^ 

to get one before the one I have come by.' " 

The lender asked, 'Have you sent something JUJl JL>-j La^J UJi . 1 ■..£>■ 

tome?' The debtor replied, 'I have told you I >-r°f ^ • ^ : ^ tf 
could not get a boat other than the one I have - \ - r 

come by.' The lender said, 'Allah has U 4i\j :JUa 

delivered on your behalf the money you ^jj^nj ^jQj * LuU- cJ' 

sent in the piece of wood . So , you may keep ~' ; ** ; ^ " ' - 

your one thousand Dinar and depart , guided ^jJl Jli lSy> ^^rj Ui vIUUj 

on the right path'." Jjj ^ ^ ^ ^ j<j 

j^i :JIS . <J c^>- (jJJl Jli L^y 1 
*li>Jl cij (^JJ* lP' ^ 
.a\x?\j jLjjJI vaJVL o^lj 

(2) CHAPTER. The Statement of Allah 'Ij^rj 5*>l J>3 4>Li (Y) 

iJ^U- : " . . .To those also with whom you have ^>Jt^< ^ > 'A * " .?rv v 

f>jbyLl3 .f-^t'lt' 1 OJm£- o*joU 

made a pledge (brotherhood), give them i i - 

their due portion by Wasiya (wills)..." .[YT:*LJl] 4f*4iW-> 

(V. 4:33) 



2292. Narrated Sa'Id bin Jubair: Ibn ^ eJukJl LjJL>- - YY^Y 

'Abbas Li^ iiii said, "In the Verse: . * c*. f >f , 
' And to everyone , We have appointed heirs . 

of that (property) . . (4 : 33) . (And regarding ^ t o j^l* ^JLt ^ i J^o j, 
the Verse) 'And those with whom you have 



39 - THE BOOK OF AL-KAFALA S\iSt\ ytf H 274 



made a pledge/ Ibn 'Abbas said, "When the ^J>j if) J* <• j~?r if. 

emigrants came to the Prophet jg in Al- '^j^' \k^>i : U£p ill 

Madina, the emigrant would inherit the ^ - ' ^ ^ 

Ansari , while the latter's relatives would not j^s^it ooit <S^V5^ ^JJ : <J^ 
inherit him because of the bond of 
brotherhood which the Prophet 



l^iji ill jj^>-Lg-lJl jl5 :Jli 4 

established between them (i.e., the ^>-Lflll $H 
emigrants and the Ansar) . When the Verse : „ fi > ? . , . r - > s . „ ? t , , 
'And to everyone We have appointed heirs - - . ^ ^ . ^ ^ 

(V .4 :33) was revealed , it cancelled [the bond Uli . ^44; §1 ' <j) ' 

(the pledge) of brotherhood regarding ^"k" \^J^_ 1^=J"¥ sl-_^ r 
inheritance]." Then he said, "The verse: - ' J ; 

To those also with whom you have made a OJiix- <S^5^ : J^i p * o^-J 
pledge (brotherhood)' remained valid -j^JMi - ^ f ^ ^ 
regarding co-operation and mutual advice, ° ~* J 5 f^^-** 

while the matter of inheritance was ^I^^Jl JJj . 4j>t- ; ../ ? , ■ Uj 

excluded; and it became permissible to _ , w c 1 ,. n *i . > 

assign something in one s testament to the ^ 
person who had had the right of inheriting 
before. 



2293 . Narrated Anas & &i ^ : 'Abdur- LJjb- : a3 - YY^V 

Rahman bin 'Auf came to us and Allah's . . . > ^ , % *. . . « . 

Messenger ^ established a bond of ^ ^ * ' ^ L ^ J 

brotherhood between him and Sa'd bin LIIp fJw :Jli aip 4)1 c yi?3 a*'' 

Rabf. \ > * -vt* ■ . - > i • *t, V- 

(j^y 1 ^ 

■ fc? S if JUC^ 1 

2294. Narrated 'Asim: I asked Anas bin j-> jJLJ*J> - YY^i 
Malik (saying): "Have you been conveyed > £ ' 'LpUJ-I ' \L%i\ 
(or ever heard) that the Prophet £g said, * J~ ^ *C- 
There is no alliance in Islam'?" He replied, Cf cr^^ ^f^f^ 
"The Prophet £ made alliance between ^ ^ , fj, ^ ^ .^t; 
Quraish and the Ansar in my house - J L ^ 



ur^y <Sri ^ Jj-^j <IiJL>- 

[vri . 



39 - THE BOOK OF AL-KAFALA wtf tt 



275 



(3) CHAPTER. He who undertakes to repay bS cli ^ jI*J & 4>L (V) 
the debts of a dead person has not the right 
to change his mind. 



Al-Hasan said the same . . ^1>J I J 15 aj j 

2295. Narrated Salama bin Al-Akwa' ^ 'p-f^ ~ 



Ji» ;JU5 l^JLf- j^L^aJ ojl^*j ^jI 



Siil: A dead person was brought to the 
Prophet so that he might lead the funeral 

prayer for him. He asked, "Is he in debt?" j|| ^J}\ o\ : aIp &1 
When the people replied in the negative, he 
led the funeral prayer . Another dead person 
was brought and he asked, "Is he in debt?" :!jJlIa ^J** ^ 

They said, "Yes." He (refused to lead the -,,.r . f . si 
prayer and) said, "Lead the prayer of your ^ * v • ; ~ 

friend." Abu Qatada said, "O Allah's t( JJC : I^JIS «?jIS aIJLp Ji» 
Messenger! I undertake to pay his debt." . . ^ * . , f^r 

Allah's Messenger ^ then led his funeral v * " ^ 

prayer. t<ul J^-j L ^Lp :5Sli5 ^j! 

[YYA<1 :£s-lj] . aJL^ JLs2a5 

2296. Narrated Jabir bin Abdullah %\ ^ Ju^ ^ - YY<\1 

uJIp : Once the Prophet ^ said (to me) , "If * . . . ;* > . e . > , ^ A . 
the money of Bahrain comes , I will give you J 

so much and so much (a certain amount from ^ ^ ~u^« 

it)." The Prophet M had breathed his last " A . 

before the money of Bahrain arrived . When r "" ' 

the money of Bahrain reached, Abu Bakr J&3\ JU *U .ii )J» :j|§ ^Jl 

announced , "Whoever was promised by the t ' lj± JlSjapl" o5 

Prophet should come to us." I went to ^ 

Abu Bakr and said, "The Prophet .#g Jj^ vX/^' ^ 

promised me so-and-so." Abu Bakr gave >\ *A -»-n 'if .i- ^7- 

me a handful of coins and asked me to count ^ * - ^ * 

it. When I counted them, they were five <H ^IJl Sip aJ j!5 ^ :^SLi 

hundred in number. Abu Bakr then said, * > ^r ».'fr , f-?r of 

"Take twice the amount you have taken - " 17 

(besides)." liii jis"j Ii5 J J 15 ^ ^Ijl 

tTo^A :^|] . L^JLta JL^ :JL5j 
[^rAr t ru* t r>rv t YW 

(4) CHAPTER. The pledge of protection Jt^ J> ^1 4^L (i) 

given to Abu Bakr (by someone) during the 



39 - THE BOOK OF AL-KAFALA AllASl ujW ri 276 




cJIS 



lifetime of Allah's Messenger sg; . 

22 97 . Narrated ' Aishah ft i ^5 , wife of 
the Prophet ^ : Since I reached the age 
when I could remember things , I have seen 
my parents worshipping according to the 
right faith of Islam . Not a single day passed 
but Allah's Messenger £g visited us, both in 
the morning and in the evening. When the 
Muslims were persecuted, Abu Bakr set out 
for Ethiopia as an emigrant. When he 
reached a place called Bark-al-Ghimad , he 
met Ibn Ad-Daghina, the chief of the Qara 
tribe, who asked Abu Bakr, "Where are you 

going?" Abu Bakr said, "My people have l&s> ibl ^*fj jl ' J*>y\ 

turned me out of the country and I would like 
to tour the world and worship my Lord." Ibn 
Ad-Daghina said , "A man like you will not go £jl £1p j tjjjJl jLjjJ 

out, norwill he be turned out asyou help the . s tl ^ A . \ > - . . 

poor earn their living , keep good relation - s? ^ - J - ^ 

with your kith and kin, help the disabled (or j j*lZJj\ ^h!l uii . X~Ls>j 
the dependents), provide guests with food "Q \ <; % \ 

and shelter, and help people during their ' * ^ Ji 
troubles. I am your protector. So, go back ^1 <ua! iUiJl IS^j ^Jb lil ( J>- 
and worship your Lord at your home." Ibn r .| ^ ^> aIpjJI 

Ad-Daghina went along with Abu Bakr and ^ ° J ** ^ 

took him to the chiefs of Quraish saying to : J>\ JUi ? ^3 ^ ^ 
them , "A man like Abu Bakr will not go out , * , f • f 1, f 
nor will he be turned out . Do you turn out a ^ Cr^ ^ 
man who helps the poor earn their living, J Li 

keeps good relations with kith and kin, helps ^ > > , 
the disabled , provides guests with food and 
Shelter, and helps the people during their J^jj fjJbUJl ^1^5J dUU <>£j>4 
troubles?" So, Quraish allowed Ibn Ad- *KJ| 'LkJ*i ' s Jl 

Daghina's guarantee of protection and told ^^"^ 4 cr* J^-^J 4 f^"^ 

Abu Bakr that he was secure , and said to Ibn . J>J I * )\y JLp j <. CaJj^ I 

Ad-Daghina, "Advise Abu Bakr to worship -.^ ^T,. . .,r ;, t ,rf 

his l^ord in his house and to offer prayer and ,y ' (- y v 
read what he liked and not to hurt us and not If) J^J^ • 

to do these things publicly, for we fear that . • f . , r r i~ f ~ 

our sons and women may follow him." Ibn - y" ^ * C 

Ad-Daghina told Abu Bakr of all that. So, N JZ Ul : ^ 
Abu Bakr continued worshipping his Lord in 




39 - THE BOOK OF AL-KAFAIA AlU&II w tf H 



277 



his house and did not offer Salat (prayer) or j ^>y*J t • gj>H N j iliu {T^t 

recite Qur'an aloud except in his house. . ^ >^ „ jJUJl ^>-' 

Later on Abu Bakr had an idea of building a ^ * 4 f- 3 . - - • -> 

mosque in the courtyard of his house. He twliliJl ^ yuj t J^Jl J-^>Jj 

fulfilled that idea and started offering Salat : ?*^J| M'* JLp ' ' 

(prayer) and reciting Qur'an there publicly. ^ ^ ^ u^iJ 

The women and the offspring of the LI <upjJI ^1 J^Jy 

Mushrikun^ started gathering around him Cj \j\ 'aIpjJI N I JIS 
and looking at him in astonishment . Abu ' ' 

Bakr was a softhearted person and could not YJl) j t J-iiii t ojlS ^ Cj JL*3i 

help weeping while reciting Qur'an. This ^ JjJjL, iLi*' V 'Li U 
horrified the Mushrik chiefs of Quraish . They J 1 ^ ' ; -'-^ J ; * 

sent for Ibn Ad-Daghina and when he came , ^Ju j 1 L*-^" ^ ^ £ ly^^t 

they said, "We have given Abu Bakr ^.* tl > , 'n- , . 

protection on condition that he will worship - - ^ I 

his Lord in his house , but he has transgressed <uj JL*J JZ J>\ t jib 

that condition and has built a mosque in the ^ "^^JL ^JLiLU N " Ii" * 
courtyard of his house and offered his Salat 3 *** . J ; 5J ^ 

and recited Qur'an in public. We are afraid IjJ p . ojlS ^ 5*0^' 



lest he mislead our women and offspring . So , 
go to him and tell him that if he wishes he can 



JjiJ ?J b 



worship his Lord in his house only, and if t jT^Jjl Vjjuj <*± iJ^H o\SJ^ 

not, then tell him to return your pledge of „ . « >* .... „r1 tf c -r 

protection as we do not like to betray you by > ' " 

revoking your pledge, nor can we tolerate . 5JI j /j \ j dj!*>Ju ^j£l j 

Abu Bakr's declaration of Islam (his *. 0t *^ *.> ^ > >\ - ^ 

..... U1 . „ ^IUj ^ JI^j y\ o\S j 

worshipping) in public . ^ " ^ * ^ 

'Aishah added : Ibn Ad-Daghina came to JjUi £3*t* tjlyiJl tji ^^r^ 
Abu Bakr and said, "You know the ^ 1 r * i 

conditions on which I gave you protection, ^ cr-i-J^ 

so you should either abide by those p-fc^ a^^JI ^1 I^I^jU 

conditions or revoke my protection, as I do ^ ^ Ul L* ' f LI * aJ 1 JUi 

not like to hear the Arabs saying that Ibn Ad- ^ ^; ^ t -r 

Daghina gave t^e pledge of protection to a jj^r C SJ^ ^ ^-3 ^' 

person and his people did not respect it." .r,f t " « - 'n- 

Abu Bakr said, "I revoke your pledge of ^ /■? ' - 
protection and am satisfied with Allah's jl l^-^" ^ J tS ^'S^b 

Protection." At that time Allah's \% s . ? • . fr 
Messenger |j§ was still in Makkah and he * * ^ . 

said to his Companions, "Your place of ojlS J* £j JlAj jl ^Js- 'j^a&i 



(1) (H. 2297) Al-Mushrikun : Polytheists, pagans, idolators, and disbelievers in the 
Oneness of Allah and in His Messenger Muhammad (^) 



39 - THE BOOK OF AL-KAFALA 



278 



emigration has been shown to me. I have 
seen salty land, planted with date-palms and 
situated between two mountains which are 
the two Harra ." So , when the Prophet 3g told 
it , some of the companions migrated to Al- 
Madlna, and some of those who had 
migrated to Ethiopia returned to Al- 
MadTna. When Abu Bakr prepared for 
emigration, Allah's Messenger said to 
him. "Wait, for I expect to be permitted to 
emigrate." Abu Bakr asked, "May my father 
be sacrificed for your sake, do you really 
expect that?" Allah's Messenger £H replied in 
the affirmative . So , Abu Bakr postponed his 
departure in order to accompany Allah's 
Messenger jgj , and fed two camels which he 
had with the leaves of Samur trees for four 
months. 



(5) CHAPTER. The debts. 

2298. Narrated Abu Hurairah fti : 
Whenever a dead man in debt was brought to 
Allah's Messenger $g| (for funeral prayer) he 



Li ^ Uli «il£o *iO ¥j± jl ilia 
:i^lp cJli .j^Jcl^l 

> " e I > » £ * £ 

4x1* 1~°35 Sell 5^ ' <J ^ c 5^ ' 

„ ' , ? , ; ^ , * > , . . 

^Jj^tJ Ob 1 J 4^_Xj^>«-fc 

3^ ' S^" ^ 

I Lg-a j^o ^jI J-J^J * <Lll>J I 

jl ji-'J J\s cdlilj 
dUi yrj Aa jj| J 15 

V^-^ci 1^1 1 J j-^j ^-1*J 
3 j j e jj^p IS jllb^- b *^aJLp j 

— «• 

t^jjl 4^L (0) 



39 - THE BOOK OF AL-KAFAIA M 



279 



would ask, "Has he left anything to repay his ^\ fc ^1 jp 

debt?" If he was informed that he had left " >*~ „ 

something to repay his debts, he would offer ^ jl ^ ^ 

his funeral prayer, otherwise he would tell aIIp ^/jliJl OIS" ^ 

the Muslims to offer their friend's funeral : . „ V * - * > ° £ 

prayer. When Allah made the Prophet m ^ " ^ j}** ' 

wealthy through conquests, he said, "I am ooJ hj 55 1 vLoi «?^Cai 

more rightful than other believers to be the ' U - * ' j; ^ r 

guardian of the believers, so if a Muslim dies * ^ - ^ U 

while in debt, I am responsible for the <dil ^3 Uii . «^5^Li> ^JS IjL^w 

repayment of his debt, and whoever leaves 'u - ' * *• \ • T - 

wealth (after his death) it will belong to his ^ J ' JU 

heirs." ^ jli c f ^ r Jjl j^>JU 

:>JI] ^L- i!^5 

fc ivn t orv> t jvA^ t m<* t rru 



40 - THE BOOK OF REPRESENTATION 



280 



40 - THE BOOK OF REPRESENTATION 
(OR AUTHORIZATION) 

(1) CHAPTER. A partner can deputize for 
another while distributing things etc . 

No doubt , the Prophet shared his Hady 
(i.e., sacrificing animals) with 'All and then 
ordered 'All to distribute them . 



2299. Narrated 4 All 



31 



Allah's 



Messenger #| ordered me to distribute the 
saddles and skins of the Budn which I had 
slaughtered . 



2300. Narrated 'Uqba bin 'Amir il* ibi ^5 
that the Prophet had given him sheep to 
distribute among his companions and a male 
kid was left (after the distribution) . When he 
informed the Prophet ^ of it, he said (to 
him) . /'Offer it as a sacrifice on your behalf." 



(2) CHAPTER. If a Muslim deputizes a non- 
Muslim warrior in a country of infidelity or 
in a Muslim state, the contract is valid. 

2301. Narrated 'Abdur-Rahman bin 'Auf 
<S iii jrfj*. I got an agreement written 
between me and Umaiyya bin Khalaf that 
Umaiyya would look after my property (or 
family) in Makkah and I would look after his 
in Al-Madina . When I mentioned the word 
'Ar-Rahman' in the documents Umaiyya 
said, "I do not know 'Ar-Rahman.' Write 
down to me your name, (with which you 



j ate., <ZL O) 




^ 'Cr^ d ^ ^ 

* ** \ " " " > 

ill I ^fj ja\Z Zj£ If 4j LJJ| 



^ fil^l 'Jj BJ JiL (t) 



<^>f (jJ ^j^-^Jl Jo-C- oJj>- /^P t <U> I 



40 - THE BOOK OF REPRESENTATION 



281 



called yourself) in the Pre-Islamic Period of 
Ignorance So, I wrote my name "Abdu 
'Amr\ On the day (of the battle) of Badr, 
when all the people went to sleep, I went up 
the hill to protect him. Bilal (1) saw him (i.e., 
Umaiyya) and went to a gathering of Ansar 
and said, "(Here is) Umaiyya bin Khalaf! 'I 
will not be saved if Umaiyya is saved' . (Woe 
to me if he escapes)!" So, a group of^lnw 
went out with Billal to follow us ('Abdur- 
Rahman and Umaiyya). Being afraid that 
they would catch us, I left Umaiyya's son for 
them to keep them busy but the Ansar killed 
the son and insisted on following us. 
Umaiyya was a fat man, and when they 
approached us , I told him to kneel down , and 
he knelt, and I laid myself on him to protect 
him , but the Ansar killed him by passing their 
swords underneath me, and one of them 
injured my foot with his sword. (The 
subnarrator said, "Abdur Rahman used to 
show us the trace of the wound on the back of 
his foot.") 



(3) CHAPTER. To deputize one in 
exchanging money and weighing goods . 

'Umar and Ibn 'Umar deputized (a 
person) in money exchanges. 

2302, 2303. Narrated Abu Sa'Td Al- 
Khudri and Abu Hurairah ujl* 



1} j&\ \ : J 15 j^-^Jl o^5i llii 
Ji\ cJr"j>- j^i ^yt ^ b\S ills 

chilli Yj^Si 

^^Lc- ^Jdj { jl>- J^J o^-^ li 

aS\ :JU5 tjUkiVl cr Ji>^° 

Uii <. *>U- j j 15 j (, Li j-*^> 

• ' V f - i - f ' i'** - • 
j*\ ^J~*J>\ jl5j .Aill^ ^^-j 
^ ^ 



3 15 



^ pL5jJi 4iLj (r) 

J* j»* y)j j»* J^i 
-oil ±s - rr*r t rr»r 



(1) (H. 2301) Umaiyya used to torture Bilal severely when he was in Makkah because he 
had embraced Islam . 



40 - THE BOOK OF REPRESENTATION £lf jli wtf 1* 



282 



Allah's Messenger ^ employed someone as j^-^J 1 ^ ^ J?f^ ' * 
a governor at Khaibar . When the man came 
to Al-Madina, he brought with him dates 

called Janib. The Prophet ^ asked him, ^J>j j^jlijl X**l> ^\ 

"Are all the dates of Khaibar of this kind?" , ^ * , * , > , * f 

The man replied, (No), we exchange two u ~ J ' ^ 

Sa' of bad dates for one Sa' of this kind of j-*^ ^l^i J£ 

dates(i.e.,M),orexchangethree5^for .'^ ^ < *^ 

two." On that, the Prophet m, said, "Don't ' > . . tf 

do so, as it is a kind of Riba (usury) but sell ^ t ylJ^lJsJ ] u ^LjaJl -L>-lJJ Ul 

the dates of inferior quality for money, and N , . J . iS& L ^ L5J I J 

then buy Jamb with the money ."The Prophet tr ^ > ' ; Sr 

said the same thing about dates sold by ^al^jJlj p ^al>ulj ^>^1 £ 

welght * 'iui 'lL oI'LJl J Jli 9 . 

[TT * T *. TT * \ :^rijl 

(4) CHAPTER. If a shepherd or a deputy j\ ^^Jl fy 4^ ^ 

saw a dying sheep or something which is * u *f o >: 3 Li LS'^Jl 

going to be spoiled, he is allowed to - - ^ lM y 

slaughter the sheep and save the thing aIIp ^JUu U }t 
liable to be spoiled. 

2304. Narrated Ka'b bin Malik: We had ^ jb^l ^ili - tr * t 

some sheep which used to graze at SaV . One * * 

of our slave-girls saw a sheep dying and she - ' „ P° ^ 

broke a stone and slaughtered the sheep with j> \ aj I : ^ U ^ 1 4) 1 

it. He (my father) said to them (the people), jj ^ ^ ^ ^ ^ u 

"Don't eat it till I ask the Prophet #| about it ^ ... tr ^ - ^ 

(or till I send somebody to ask the Prophet ill 4jjL>- o^aJli . ^J> 

^)." So, he asked or sent somebody to ask * . . ollio IT' 'lulp f SLL 

the Prophet jg, and the Prophet ^ /'* ^ 5 

permitted them to eat it. 'Ubaidullah (a Jii>- N ^ aj L^Jii 

subnarrator) said. "I admire that girl, for tl A »\ ^ *, ",t»f 

though she was a slave-girl, she dared to I ^ ' / 

slaughter the sheep." Z\ j . ilUj ^ 

ill l^jl L ^l> t Ai3 : 4il jlIp Jli 



40 - THE BOOK OF REPRESENTATION $\S^\ ^ - t- 



283 



(5) CHAPTER. It is permissible to depute a ^J\li\j JLftllll itftfj ZtL (o) 
person whether he is present or absent. ' „ 

'Ubaidullah bin 'Amr wrote to his j ^ 4*\ jlp <L3S j 

representative who was not present, to pay . i,> \ \ + . ^ . 

(Sadaqat-al-Fitr) on behalf of the children & ° ! ^> *>-^ 

both young and old . . j^SS I j ^*JaJ I *1a 1 

2305. Narrated Abu Hurairah 

The Prophet £g| owed somebody a camel of a \ * ' ' 1^5 liJLi 6 ' ' \_X'- 

certain age . When he came to demand it ^ ^ 4 c - 

back , the Prophet ^ said (to some people) , <u£ <u)l jy^j tS* '■^Jl^ 

"Give him (his due)." When the people * . . « tl . . % * x ' 

searched for a camel of that age , they found u ' - J SfT ^ r 

none , but found a camel one year older . The : J Us Li US o£ Jj V I {y* ^ 

Prophets said, "Give (it to) him." On that, >\ . * „ e rr , >rVr > .*.f 

the man remarked , "You have given me my " \ ' ^ J 

right in full . May Allah give you in full ." The . «£ jJapl» : J Ui . Lgiji iL, Sfl 

Prophet said, "The best amongst you is . , . f ^r B ? 

1 1 1 -i <• 1 J la . 41) 1 j 5 1 5 1 : J Us 

the one who pays the rights of others - - ^ 

generously." ^i^-l^l ^jL>- jl» : jjgg ^Jl 

t mr t rrv t rr»n : ^1] .«£Lis 
[yv<\ t rvn t r*o t mr 

(6) CHAPTER. To depute a person to repay j^jJI *QiS ^ aJlS^I 4^iL CO 
debts . 



2306. Narrated Abu Hurairah <J- 4>i ^j>j : ^ 
A man came to the Prophet demanding his 
debts and behaved rudely . The Companions 



of the Prophet ^ intended to harm him , but Jup ^ iili U c^J- : J li JI^S" 



4AJI 



Allah's Messenger ^ said (to them) , "Leave 
him , for the creditor (i .e . , owner of a right) 

has the right to speak." Allah's Messenger^ oLiUS ^^Jjl ^1 jl : 

then said, "Give him a camel of the same age \ > , „r s t . . ? fr 

as that of his." The people said, "O Allah's ^ J \ 

Messenger! There is only a camel that is <i y>^\ < r ^ r l^a} jLa o^i-S» <ul 

older and better than his." Allah's v > t'«f "t.- In-- 

Messenger ^ said, "Give (it to) him, for ^ ^ ^ J P 

the best amongst you is he who pays the rights jii I V 1 jib I J ^ : ' ^ c (( ^ 

of others generously." * .. > .> » f w r * 



40 - THE BOOK OF REPRESENTATION 3tf jll ^ *>* 



284 




(7) CHAPTER. It is permissible for one to j\ J-fjI fci- ^ 4>M ^ 

give a gift to a deputy (of some people) or to ' - ^ . s . 

their intercessor. e J ^ t^** 

This is confirmed by the statement of the ^ 6^" 

Prophet * to the delegates of the tribe <>f ^ 3^ , ff. 

Hawazin when they appealed to him to J 

return the booty to them. The Prophet ^ . (( ^J ^^r^' 1 

said, "I give my share to you." 

2307, 2308. Narrated Marwan bin Al- ^ jl*^ l£U - TV* A tYV'V 

Hakam and Al-Miswar bin Makhrama : ? . ^> 

When the delegates of tne tribe of Hawazin - s? ^- 

after embracing Islam, came to Allah's ^-jj Cr^ t J^ p 

Messenger ^ , he got up . They appealed to ^ . . . /, , „ *f*^»^ 

him to return their properties and their ^ * \ ~* ^ 

captives. Allah's Messenger said to j|| 4)1 <^l 6 ^ ^ 

them, "The most beloved statement to me „ - . M - 

is the true one. So, you have the option of ' ^ ' ^ / a \ V 

restoring your properties or your captives, ^pljJl ^ g ■ 11 S^J jl ojJLU 

for I have delayed distributing them." (The ^ , . >, >>r -,_r . >^ 

narrator added), Allah's Messenger £g had " J ' , ^ ^ ^"""e 

been waiting for them for more than ten days Ijjl^-li aSju?I ^il 4°-^*^ 

on his return from Taif. When they realized ,s, • , . . ^.irM, ' « , 

that Allah's Messenger ^ would return to - ^ - - 

them only one of the two things, they said, J3j t <i^>\L* I cLIS Jii . JUJl 

"We choose our captives." So, Allah's , «. ^ ^ A > - ' 1^ 

Messenger #| got up in the gathering of the C ; ' 

Muslims, praised Allah as He deserved, and .^UaJl ja Jii l [ n J>- ill] 5^i- 

said. "Then after! These brothers of yours > r ,,1^ > . * f i^T' 

have come to you with repentance (asking for ^ - J " ^ t \ „ 

Allah's Forgiveness) and I see it proper to : 1 ^Jli ^jliiSlkll Ml ilj 

return their captives to them. So, whoever . . *\ > , ,^ . 

amongst you likes to do that as a favour, then ' v \ 

he can do it, and whoever of you wants to L_j 4il ^Lp 0^^^^ l£ 

stick to his share till we pay him from the very °, > . s f , - ss f f»? 

first booty which Allah will give us then he 1 ^ - ' * \ 

can do so." The people replied, "We agree Sk t jJl ^j^r ^ t^j* 

to eive up our shares willingly as a favour for , r >^ , > , s > t e . f * 

Allah's Messenger ^." Then Allah's ^ J - J 



40 - THE BOOK OF REPRESENTATION 4HSj)t y ttf i- 285 



Messenger 5g§ said, "We don't know who c JJiilli iJUJu il-:-^ j! 
amongst you has agreed and who has not . Go ^ t * ] ^ ^| 

back and your chiefs may tell us your ' L ^ ^ i"^ ^ J 

opinion." So, all of them returned and <&\ U Jjl eUjl <ukij 

their chiefs discussed the matter with them ji • ' 1 J « ' LiHi lllip 

and then they (i.e., their chiefs) came to , * ^ lt 01 ^ » 

Allah's Messenger #g to tell him that they 4)1 Jj-ij J Las t^H ^bl Jj-^ oJi 
(i.e., the people) had given up their shares • °> °: M ,?, B ^ 

gladly and willingly. ^ ^ °f ^ 4" ^ 

t *nA ,nn t Yvv yoas t ron 



[ywv <■ *n<\ t nrr t yva .yoav 

(8) CHAPTER. If someone deputes a person ^ 3>0 3^ 4^ ^ 

to give something but does not mention how ^ o > *g ,\ \£\ * UL* 

much to give, it is permissible for the deputy ^ r ' ^ " ^ / 

to distribute it amongst the people according Jr"&' A*jU2 U ^^Ip 
to the conventional custom . 



2309. Narrated Jabir bin 'Abdullah &i ^3 j_> ^iLUl UJji>- - TV* A 



L4^ : I was accompanying the Prophet #z on 
a journey and was riding a slow camel that 

was lagging behind the others. The Prophet <-°J^j qLjj ^ ^ Z^** 

^ passed by me and asked, "Who is this?" I *[<*•['*']* • °" li a ' * " 
replied, "Jabir bin 'Abdullah." He asked, ' ~ r J " °f^' ^ 

"What is the matter, (why are you late)?" I 4jbl jIZ y\ ^U- ^f-tr* J^r j 
replied , "I am riding a slow camel ." He * ?j | " ^Jf • J ^ LJIp Si I 
asked, "Do you have a stick?" I replied in the ^ ST^ J 

affirmative. He said, "Give it to me." When JUS J^>- ju* J* j|§ 

I gave it to him, he beat the camel and 
rebuked it. Then that camel surpassed the 



others thenceforth. The Prophet |§ said, ^U- : cJi ji» :Jlii ^ 

"Sell it to me." I replied, "It is (a gift) for \t iiQ ;, t , . ... * . 

you , O Allah s Messenger . He said, Sell it ' ^- 



40 - THE BOOK OF REPRESENTATION S\S^\ i> 



286 



to me . I have bought it for four Dinar (gold JiiiU : J 15 t J liS J^>. ^^Ip ^ I 

pieces) and you can keep on riding it till Al- • a - 1 • « ? * " ^ 

Madlna ." When we approached Al-Madlna , * C ' ^ * " ' „ 

I started going (towards my house). The i^ii JilUc-U td^JaptM 

Prophet m said, "Where are you going?" I ^ . ^^j! ^ • • ^ 

said, "I have married a widow." He said, *3 irt 9 * Lr$ 

"Why have you not married a virgin so that jk JJ : J 15 t «5-~*j m : <J U . ^>^i!l 

you may play with her and she may play with »c . - tl . ^ , - t > „ , " - 1( 

you? I said, My father died and left '~ ; ^ - - 

daughters, so I decided to marry a widow ^Jl JjU j J^JUS 4jJbU 

(an experienced woman) (to look after „- „ o srr . 

them)." He said, "Well done." When we ^ ^ ^ ! 

reached Al-Madlna, Allah's Messenger ^ If}* ^J^j' oJli! 

said, 'O Bilal, pay him (the price of the , / ^ q, j > . t ^ jj 

camel) and give him extra money." Bilal gave ° ^^~Jf 

me four Dinar and one g/m/ extra. (A i ^ ■ ^ ; ^JjL^r *>L4-i H -J Li 

subnarrator said): Jabir added. "The extra ?,> £ '* , > •> ft - > * 

Qira/ of Allah s Messenger ggg never parted ^ ST- 7 ^ S£ £ • - J 

from me." The Qirat was always in Jabir bin Jii Sl^Jal AJ&I ol oojli oil* 

'Abdullah's purse - lt l / , . , . / 

r . «dUa5» :<JU . l^L. *>U- 

(9) CHAPTER. A woman can depute the J ^U>l sf^^l JJiSj 4>L (A) 



ruler in the matter of marriage . 



2310. Narrated Sahl bin Sa'd^ ^1^3: A ^ 4)1 jlL£ lL*JL^- - Yr^ 
woman came to Allah's Messenger and 
said, "O Allah's Messenger! I want to give up 
myself to you." A man said, "Marry her to : J 15 jJL^> ^\ J4-^ t pl> 
me." The Prophet ^ said, "We agree to ' 
marry her to you with what you know of the 



1 fj£> (. diJ La L I . ^Jt-L 



<b i J ^Jl o 1 I L>- 



Qur'an by heart." cJj^j Ji ^1 t^il J^-j L :cJUi 



(1) (H . 2309) The Prophet £jg did not mention how much extra money Bilal was to give , so 
Bilal gave according to convention. 



40 - THE BOOK OF REPRESENTATION 



287 



(10) CHAPTER. If a person deputes 
somebody, and the deputy leaves something, 
and the owner agrees that, then it is allowed, 
and if the deputy lends something of what is in 
his custody, for a specific time, it is 
permissible (if the owner agrees) . 

2311. Narrated Abu Hurairah ilp &i : 
Allah's Messenger m deputed me to keep 
Sadaqat (Al-Fitr) of Ramadan. A corner* 1 ^ 
came and started taking handfuls of the 
foodstuff (of the Sadaqa) (stealthily) . I took 
hold of him and said, "By Allah, I will take 
you to Allah's Messenger^." He said, "I am 
needy and have many dependents, and I am 
in great need." I released him, and in the 
morning Allah's Messenger 3g asked me, 
"What did your prisoner do yesterday?" (2) I 
said, "O Allah's Messenger! The person 
complained of being needy and of having 
many dependents, so, I pitied him and let 
him go." Allah's Messenger said, 
"Indeed, he told you a lie and he will be 
coming again ." I believed that he would show 
up again as Allah's Messenger ^ had told me 
that he would return. So, I waited for him 
watchfully . When he (showed up and) started 
stealing handfuls of foodstuff, I caught hold 
of him again and said, "I will definitely take 
you to Allah's Messenger sg." He said, 
"Leave me, for I am very needy and have 
many dependents . I promise I will not come 



t o.AV t o*r» t o*Y<\ : ^1] .«jT^iJ| 

,o\ro ,o\ry t om t o^Y^ 

[vnv t oAV^ ,o\o* t oU<\ 

&'£ '^j 'Jj ^L, 00 



L .» : it 4^' cj^ti 

. <<JL^ C.;i>^ ^-^S* 



(1) (H.2311) Comer: Satan 

(2) (H.2311) Allah's Messenger jjg was inspired Divinely about the whole story and this was 
the reason why he asked Abu Hurairah, though Abu Hurairah had told him nothing. 



40 - THE BOOK OF REPRESENTATION fltfjll wfef i* 



288 



back again." I pitied him and let him go. In :JIS 4)1 J^ij ^1 ^JuisjN 

the morning Allah's Messenger ^ asked me , ^ . tf . . * * 
"What did your prisoner do?" I replied, "O , . ^/ 
Allah's Messenger! He complained of his . <JL«J* asJL^'j} 
great need and of too many dependents , so I -aSS 4j| ^ J JUS cLAlJ?ls 

took pity on him and set him free." Allah's ' " 3 ' ^ ^ 
Messenger ^ said, "Verily, he told you a lie k^U^^I JJii U to^y* ^ ^ w 
and he will return." I waited for him : . % , . > ?i 

attentively for the third time , and when he * tf * ~ 

(came and) started stealing handfuls of the . 4JL^ C-4l>ti AiL>-y N Lpj SOj Jut 
foodstuff, I caught hold of him and said, "I > U''z> °- i h 'n- 

will surely take you to Allah s Messenger 0, , * 

as ii ^ rhe third time you promise not to J**^ iijllll 4jJU^Ji 

return, yet you break your promise and tl > fir - f. . ,n u 

come. He said, (Forgive me and) I will ^* \, 
teach you some words with which Allah will c->l^> ^->*^ jh^ 3H ^ 
benefit you." I asked, "What are they?" He .j^ > * ^ ^ 

replied, "Whenever you go to bed, recite ' * i -* XJ P"* i -* XJ 
Ayat-al-Kum - 'Allahu la ilaha ilia Huwal- <, L^> 4)1 o>LA5 LiJUJli<1 ^yio 

Haiy-ul Qaiyyum^ X) till you finish the whole 
Verse, (if you do so), Allah will appoint a 



J\ cJjl \l\ :JIS U :olS 



guard for you who will stay with you and no ^ ^^J 1 ^ ^f^A 

satan will come near you till morning" . So, I « 'IjT ^ 

released him. In the morning, Allah's 
Messenger $g asked, "What did your 
prisoner do yesterday?" I replied, "He 
claimed that he would teach me some 
words by which Allah will benefit me, so I 
let him go." Allah's Messenger #| asked, 
"What are they?" I replied, "He said to me, 
'Whenever you go to bed , recite Ayat-al-Kursl 
from the beginning to the end - Allahu la 
ilaha ilia Huwal-Haiy-ul-Qaiyyum He 

further said to me, '(If you do so), Allah U» : J IS • ^JL^ cu^ki lf» 4)1 
will appoint a guard for you who will stay with 
you, and no satan will come near you till 

morning.' [(Abu Hurairah or another l^Jjl i _^J>S\ Z\ ly IS ^il^l^S 
subnarrator) added that they (the s> .^v «^ tl 

Companions) were very eager to do good *■ & 

deeds]. The Prophet ^ said, "He really J \yj ji : JlSj 4fJ^^ 'tS^ 
spoke the truth, although he is an absolute 




^^JLlJ oLAS (^^^J^u 4^1 1 4)1 
Lo» : J IS . IjL^ olLkS If* <ul 

^ ^ ^ 



(1) (H. 2311) Surat Al-Baqarah, Verse No. 255. 



40 - THE BOOK OF REPRESENTATION 2ISjll y tf - i- 



289 



liar . Do you know whom you were talking to , 'yu N j Jai L>- 4) I 

these three nights, O Abu Hurairah?" Abu ' ' °\ \ *\£ ' ~ - * 

Hurairah said, "No." He said, "It was ? J ' CT^ 

Satan." :#t JU* .^iJI JJ> 5 ^J 

l jy Aj vituJ ^ fix 

:JIS :Jli «?5^ LI 

(11) CHAPTER. If a deputy sells something \£S ^sO 11 & *M ^ ^ 
(in an illegal manner), the transaction is * ' ,i 
invalid. ^ 

2312. Narrated Abu Sa'Id al-Khudri ^ bil>- :JL>J-I l&ii- - YV\Y 
1 : Once Bilal brought Bami (i .e . , a kind ^> 1* . > t ,. % 

of dates) to the Prophet % and the Prophet ^ ' C ^ 

3g asked him, "From where have you cJU-^> :J15 ^^^J °j£> j^l 

brought these?" Bilal replied, "I had some , * „ . , . ,. * . 

. r « * LI ajI : juji -Up v * UAC ' 

inferior type of dates and exchanged two 5a • 

of it for one 5a' of Bami (dates) in order to : JU <up 4)1 J^vf j ^jA^Jl 

give it to the Prophet « to eat ."Thereupon . ^ # " V "j + ' 

the Prophet ^ said, "Beware! Beware! This ^/ - ^; ^ S^T ^ • 

is definitely (usury)! This is definitely «?Ula jll Jj JU^ 

Riba^ X) (usury). ! Don't do so, but if you want ^ . ° : . ' v. 

to buy (a superior kind of dates), sell the - ' ^ - " - 

inferior kind of dates for money and then buy ^Jl ^JiJ O^^ 5 °? 

the superior kind of dates with that money." Vf„ ^r/ , .r ^ 

y J 6J I» jlp $k JU* .3^ 

[$}J£ jl 00^ lij .Jii 

(12) CHAPTER. The deputyship for tZtU (\Y) 
managing the Waqf (religious endowment) 't£\j \ s . 1 - U ^ °. | 
and the expenses of the trustee. The trustee ^ ^ ^ 
can provide his friends from it and he o^yUJL 
himself can eat from it reasonably 

(according to his work) . 

2313 . Narrated 'Amr concerning the Waqf : ^ Uj*X>- - TV N V 
of 'Umar fti ^ 3 : It was not sinful of the 



(1) (H.2312) Riba : See glossary. 



40 - THE BOOK OF REPRESENTATION 



290 



trustee (of the Waqf) to eat or provide his 
friends from it, provided the trustee had no 
intention of collecting fortune (for himself) . 
Ibn 'Umar was the manager of the trust of 
'Umar and he used to give presents from it to 
those with whom he used to stay at Makkah . 



(13) CHAPTER. To depute a person to carry 
out a (legal) Allah's ordained punishment . 

2314, 2315. Narrated Zaid bin Khalid and 
Abu Hurairah <Ip &i ^5 : The Prophet #| 
said, 'O Unais! Go to the wife of this (man) 
and if she confesses (that she has committed 
illegal sexual intercourse) , then stone her to 
death/' 



2316. Narrated 'Uqba bin Al-Harith ^ 
A3i\\ When An-Nuaiman or his son was 
brought in a state of drunkenness, Allah's 
Messenger ^ ordered all those who were 
present in the house to beat him . I was one of 
those who beat him . We beat him with shoes 
and palm- leaf stalks. 



j* y 1 ^ J^ 

h» <S^ri ^ **X^> 

t Yvrv : ^1] it* Jit 

[WW tTVVr t WVY t WU 

>jjJn)\ j 31*311 4>L or) 



*>f J 5 Sdj^ l5*1> Cri JiJ if 

1 AAY A t 1iri t WY t T"l<n cTAM 

ivnt t aaa • t iA*r t nArn t -un 

t Yno :^_,jL^Ji] *[VW<* t VToS 

t nATv c-urr t wu t t a^o : ^1 
t v^r t aao ^ t nAtr t wo t wr 

[VWA 1 VY V t VT OA 



IT, 



uui- - rrn 



j^P tc-^jjl ji- ^aki\ c-jUjJI wUp 

OjL>J I ^ oip ^p c aSCLL ^1 

Sit 5^ Jj-^j tLjLi 

U \ C-U^5 ^ (3 IS to jJj^Oj j I I ^y 



40 - THE BOOK OF REPRESENTATION fllfyi wttf - t- 



291 



[nvvo t nvv* : ^i] 

(14) CHAPTER. To depute someone to jilll ^ SJLS^JI t^L* (\t) 

sacrifice Budn (camels for sacrifice) and to " t > i - 

look after them . - ^ 

2317. Narrated 'Aishah L^Ip fti ^j: I jl*p ^ J^-^i - TVW 

twisted the garlands of the Hady (i.e., . „ . r« - . 

animals for sacrifice) of Allah's Messenger ' * ^ 

$g with my own hands. Then Allah's S^Ii- *>(»^>- ^» ^1 ^ 

Messenger M put them around their necks • f f *f ' ^ * 

with his own hands, and sent them with my ^* V ^ 

father (to Makkah). Nothing legal was cJ& U : L$Ip 4jI <L£jIp 

regarded illegal for Allah's Messenger ^ s * * ju #| 4il J > ' JLa jlj^ 

till the animals were slaughtered ^ ^ ^ 



[mn i^ij .^j^Jl 

(15) CHAPTER. If a person tells his deputy, : *^)\ J IS ill ^ O d ) 

"Spend it as Allah directs you," and the >, ^ . ( - n . >< , rw-f £ >. 

: Us Jl Jl5j . 4ui iJljl -i- /» 
deputy says, "I have heard what you have o=^^ ^ 

said." dJIS U cJU-»» 



2318.NarratedAnasbinMalik^iiii^3: ^ lj^H ~ 

Abu Talha was the richest man in Al-Madina ' . , a . . . . > ^ ; . „ 

amongst the y4ttsar, and Beeruha' (garden) * ^ * ^ ^ 

was the most beloved of his property, and it dUU ^ Jjl <C1 :&\ Jup ^ 

was situated opposite the mosque (of the n ' ^ '\ i > a 

Prophet i|). Allah's Messenger ^ used to ^ ^ ^ 

enter it and drink from its sweetwater. When t^U oJuJL ^jL^I "jS\ 

the following Divine Verse was revealed : "By . - ^ > , , « f a - f 

no means shall you attain Al-Birr (piety, - '-5 ' 

righteousness, here it means Allah's Reward 4i! J ■ ^JLilli 
i.e., Paradise), till you spend (in Allah's 
Cause) of that which you love..." (V.3:92) 



Lg^S *lo ^jA l^_L>-Jb 



Abu Talha got up in front of Allah's £L j£\ j^lLi cJJ; Uii 

Messenger and said, Allah's . - . .5 

j» b L HT : ol ^ Jl] ^0>^ l " 



(1) (H. 2317) Sending the Hady to Makkah while one is somewhere else, does not require 
that one should be treated as a Muhrim . 



40 - THE BOOK OF REPRESENTATION fllty! - i- 



292 



Messenger! Allah ju; says in his Book, 'By : JUi «|| 4i\ Jj^j J I jJl 

no mean shall you attain Al-Birr (piety, ^ „. ^ ^ ^ 3 

righteousnes, etc., - here it means Allah's ' ^ ^ " ' " 

Reward i .e ., Paradise) unless you spend (in ^ *^ \jG Jfy 

Allah's Cause) of that which you love . . and « , f * . r „ w , ,7-, * 4 * 

verily , the most beloved to me of my property ' * s 

isBairuha (garden), so I give it in charity and <ii aSjl^ Ifllj '^j^ ^1 

hope for its reward from Allah . O Allah's . » - r a , - • , - • ' , s > . f 

Messenger! Spend it wherever you like. ' " ^ - ^ " 

Allah's Messenger ^ appreciated that and : J Ui . ^il^" 5^ ' ^ ^ 

said, "That is perishable wealth! That is +. +. + u 

' tt . T , , , , JL* cilJ3 

perishable wealth! I have heard what you ^ ^ 

have said; I suggest you to distribute it i£j\j Lfci ^5 U Ji 

among your relatives Abu Talha said, "I v?f 'u- --Vn * 1 T-°: -f 

will do so, O Allah's Messenger." So, Abu ^ , ^ y ^ 

Talha distributed it among his relatives and ^ A^JllS y\ L^Llii J j-^j L 

cousins. The subnarrator (Malik) said, the . ,;f 

Prophet 3g said : "That is a profitable ' - 

wealth," instead of "perishable wealth." . JJL* jJ- t J^-pUL1) oJlJ 

(16) CHAPTER. To depute a trustworthy 35 1^1 J j^SlI SJtfj < n) 
treasurer for the treasury and similar 
things. 

2319. Narrated Abu Musa & ^ : The ^ jLL^J - TV \ ^ 

Prophet ^ said, "An honest treasurer who e „ ? >: . : s 

gives what he is ordered to give fully, ^ 



perfectly and willingly to the person to ^1 j& tSi^ ^\ j& -Up ^ 



whom he is ordered to give, is regarded as 
one of the two charitable persons. " (2) 



^ ^p- a* ^ CffJ 

Aj "jA U - Jiij ^?JJ 

JJLL r Lit ^Jjy> 



(1) (H. 2318) That is perishable wealth and it is better for you to spend it in charity 
whereby you will get what will be imperishable (i.e., Allah's Reward). 

(2) (H. 2319) The owner is the other charitable person. 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE &j\}U\} £0*11 ^ 



293 



41 - THE BOOK OF CULTIVATION 
AND AGRICULTURE 



(1) CHAPTER. The superiority of sowing 
seeds and planting trees if some of the 
product is eaten (by people or animals). 

The Statement of Allah ^U;: "Then tell 
Me about the seed that you sow in the 
ground, is it you that make it to grow, or are 
We the grower? Were it Our Will, We could 
crumble it to dry pieces..." (V.56: 63-65) 

2320. Narrated Anas bin Malik Hp &i ^3 : 
Allah's Messenger ^ said, "There is none 
amongst the Muslims who plants a tree or 
sows seeds , and then a bird , or a person or an 
animal eats from it, but is regarded as a 
charitable uift for him2' 



(2) CHAPTER. What is to be afraid of the 
results of indulging in the agricultural 
mechanical equipment, or to transgress the 
prescribed limits . 

2321 . L '■> in' rated that Abu Umama al- 
Bahili s t .vv . . ic agricultural equipments and 
s.'i'J . beard the Prophet o' saying: "There 
is no house in which these equipment enter 
except thai Allah will cause humiliation to 
enter it / " ; 1 ' 



Uioi - rrr 



:#| 41 JjJ-j Jli :Jli ilp Jiil 

j^jjd 3' ^"j* Irs^ f4-^ ^ }) 

[v H : 



( 1 ) (H . 2321 ) This Haditji indicates that the profession of cultivation is often a source of= 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE i*jl>iJI$ &j*t\ i\ 



294 



(3) CHAPTER. Keeping a watch-dog for the 
farm. 

2322. Narrated Abu Hurairah 

Allah's Messenger ^ said, "Whoever 
keeps a dog, one Qirat (of the reward) of 
his good deeds is deducted daily, unless the 
dog is used for guarding a farm or cattle." 

Abu Hurairah (in another quotation) 
said: "The Prophet #| said, "... unless it is 
(used) for (guarding) sheep or farms, or for 
hunting." 

Abu Hurairah added: The Prophet gg; 
said, "... unless a dog is kept (for guarding) 
cattle or for hunting." 



2323. Narrated As-Sa'ib bin YazTd: Abu 
Sufyan bin Abu Zuhair, a man from Azd 
Shanu'a and one of the Companions of the 
Prophet £g| said, "I heard Allah's Messenger 

saying, 'If one keeps a dog which is meant 
for guarding neither a farm nor cattle will get 
a daily deduction of one Qirat of the reward 
of his good deeds." 



aJT t£Li j aJl*. fj}jj : J Li 

pi iJii jii; n» si 
4vUJ J&i *i~fi 4*L or) 

:5JUi ^ ^Ui t£U - YVYY 

ji J^iL: £p Lis iLJi ^» :gg 

tut ^1 t^JU 

^i! ^ ' ^ ^ ' *| s ti * i . "'' " * 
+ \ ' i ' i °. > - - t 



=oppression and humiliation, especially under the feudal system. By indulging in this 
work, one may neglect Jihad in Allah's Cause and other important Allah's Obligations. 
It is also said that this Hadith is concerned with those living near the enemies : If they 
got busy in agriculture and left Jihad, the enemies might overcome and humiliate them. 
Of course, the Hadith should not be taken literally. Farming is not undesirable in itself 
but we should beware the results of indulging too much in it. (Fath Al-Bdri) 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE ttj^iJIj ittf 



295 



I asked, "Did you hear this from Allah's jjg : J L5 - j|g j^Jl 

Messenger He said, "Yes, by the Lord " t > vf r .2, „ i'^ 

of this mosque. S? 1 * ^ 

^ fji J 5 " J** ^JJ 

[ytyo : ^i] .jl^Ui iii JI-Oj 

(4) CHAPTER. Employing oxen for £l>Jb Jl1\ JUcZ»\ £L (i) 

ploughing. 

2324. Narrated Abu Hurairah &i : 
The Prophet ^ said, "While a man was 
riding a cow, it turned towards him and said, 
T have not been created for this purpose Cs^'J^ ^ if. p-^' jil 0? if 
(i.e., carrying), I have been created for . > . „ > * 
ploughing.' "The Prophet padded, "I, Abu ' '^AP 1 
Bakr and 'Umar believe in this story." The <S> <bl ^Jij^ ^ 

Prophet #| further said, "A wolf caught a * & 

sheep , and when the shepherd chased it , the ^ " ' 9 ^ 

wolfsaid, 'Who will be its guard on the day of :cJUi 5JI cJuiJl S^ij ^^Ip vI^G 
wild beasts, when there will be no shepherd r. > s. * . 1 . , , 

for it except I'? " After narrating it, the ' ^ ^ f 

Prophet^ said, "I, Abu Bakr and 'Umar too -y^j Jih ^ 9. 
believe it." (1) Abu Salama (a subnarrator) r , ~< >.1 tl •: - * 

said , Abu Bakr and Umar were no t present ^ ^ * • J 

then."< 2 > N # ? c pl # l«J ^ lJ 




(1) (H. 2324) The Prophet talked on behalf of Abu Bakr and 'Umar, because he was 
sure that they would believe the story when they heard it. 

(2) (H . 2324) It has been written that a wolf also spoke to a shepherd during the Prophet's 
lifetime near Al-Madina as narrated in Musnad Imam Ahmad in the Musnad of Abu 
Sa'Td Al-Khudri i-p %\ ^3 (Vol . 3) : Narrated Aba Said Al-Khudri ilp fti r^j : (While a 
shepherd was in his herd of sheep) , suddenly a wolf attacked a sheep and took it away, 
the shepherd chased the wolf and took back the sheep, the wolf sat on its tail and 
addressed the shepherd saying: "Be afrid of Allah, you have taken the provision from 
me which Allah gave me". The shepherd said : 'What an amazing thing! A wolf sitting 
on its tail speaks to me in the language of a human being." The wolf said : "Shall I tell 
you something more amazing than this? There is Muhammad, the Messenger of Allah 
($ji) in Yathrib (Al-Madina) informing the people about the news of the past." Then 
the shepherd (after hearing that) proceeded (towards Al-Madina) driving his sheep till 
he entered Al-Madina, cornered his sheep in a place, and came to Allah's Messenger 
(Muhammad informed the whole story. Allah's Messenger ordered for the 
proclamation of a congregational prayer (^U- s*>u>), then he jgg came out and asked= 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE 4)*H ytf it 



296 



ul <j oJ>I :Jli ^{Sjj- L^J 

[mv t r-ur t rm 

(5) CHAPTER. (It is permissible for one) to aijji ( J^\ :Jli lit ujL (o) 



say to another, "Look after my date-palm 
trees or other trees and share the fruits with 



me. 



2325. Narrated Abu Hurairah 1* fa : ^ ^£>*]\ - YVYo 
The Ansdr said to the Prophet t ,r* tl >\ . ;s * > t .— °t 
"Distnbute the date-palm trees between us r ' ^ ^' •" o 
and our emigrant brothers." He replied, 4)1 ~ 'jij* ^ if 

"No." The ,4«w said (to the emigrants), .^".^j >^\{ ' , - 

"Look after the trees (water and watch them) - 3 

and share the fruits with us." The emigrants <. J->*Jl bjl jZj bllj ^Jl 

said, "We listen and obey." ^ ^ . ^ ^ 

[WAY' .YVH . LAUlj 

(6) CHAPTER. The cutting of trees and J^L? ^ 4*M ^ 

date-palm trees . • ^ £ m 

Anas said, "The Prophet ^ordered that • c*r ^ ■ ^ u J 

the date-palm trees be cut down and they . ^Jaii 
were cut down." (1) 

2326. Narrated 'Abdullah^ fa jj>y. The j-> - YVY1 
Prophet got the date-palm trees of the . ^ . ^ s ^ Uo>- ' UpUJL! 
tribe of Bam An-Nadir burnt and the trees ^ 



cut down at a place called Al-Buwaira. ^Jl jp -up au\ tirfJ ^ 1^ 
Hassan bin Thabit said in a poetic verse : ' . * , " „ ^ : tf „ 



-the shepherd to inform the people (about his story) and he informed them. Then 
Allah's Messenger said : "He (the shepherd) has spoken the truth . By Him (Allah) in 
Whose Hands my soul is, the Day of Resurrection will not be established till beasts of 
prey (£_L->) speak to the human beings, and the stick lash and the shoe-laces of a person 
speak to him and his thigh informs him about his family as to what happened to them 
after him [(Musnad Imam Ahmad, Vol . 3 , in the Musnad of Abu Sa'id Al-Khudri] . (See 
H.3663). 

(1) (Ch . 6) The date-palm trees referred here to are those of the mosque of the Prophet ^ 
which were cut down during its construction . 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE &j1j*Hj CjjJ*!! wtf it 



297 



"The chiefs of Bam Lu'ai found it easy to 
watch fire spreading at Al-Buwaira." (1) 



(7) CHAPTER: 

2327. Narrated RafT bin Khadij: We 
worked on farms more than anybody else in 
Al-MadTna . We used to rent the land at the 
yield of specific delimited portion of it to be 
given to the landlord. Sometimes the 
vegetation of that portion was affected by 
blights etc . , while the rest remained safe and 
vice versa, so the Prophet 3g forbade this 
practice . At that time gold or silver were not 
used (for renting the land). 



(8) CHAPTER. Temporary share-cropping 
contract on the basis of dividing the yield 
into halves , one for each partner or on other 

basis. 

Narrated Abu Ja'far : All the emigrants in 
Al-Madina used to cultivate the land (for the 
Ansar) on the condition of having one-third 
or one-fourth of the yield. 'All, Sa'd bin 
Malik, 'Abdullah bin Mas'ud, 'Umar bin 
'Abdul 'Aziz, Al-Qasim, 'Urwa and the 
families of Abu Bakr, of 'Umar and of 'All, 
and Ibn Slrin cultivated the land of 'Abdur- 
Rahman bin Yazid on the basis of taking a 
portion of the yield." 'Umar made a deal 
with the people that if he provided the seeds , 



d>P if* '^r* 



(v) 

* * 

l«L t^&l u J>jS\ £p> ill 
tL^i t slUS jCIIjj J^j^M 



4)1 jIp j villi* t> j *^1p 

^ JTj Pf\*S\j 

-JijTf t)f J'j 



(1) (H. 2326) The trees were burnt and the palm trees were cut down to make an open 
space for fighting . 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE wtf - IS 



298 



he would get half of the yield, and if they 
provided the seeds, they would get so-and-so 
much. Al-Hasan said, "There is no harm if 
the land belongs to one, but both spend on it 
and the yield is divided between them." Az- 
Zuhn had the same opinion . Al-Hasan said , 
"There is no harm if cotton is picked on the 
condition of having half the yield." Ibrahim, 
Ibn Sirin, 'Ata, Al-Hakam, Az-Zuhri and 
Qatada said, "There is no harm in giving the 
yarn to the weaver to weave into cloth on the 
basis that one-third of the cloth is given to the 
weaver for his labour." Ma'mar said, "There 
is no harm in hiring animals for a definite 
(fixed) period on the basis that one-third or 
one-fourth of the products carried by the 
animals is given to the owner of the animals ." 



2328 . Narrated 'Abdullah bin 'Umar ^3 
U4^ 5&I : The Prophet $g concluded a contract 
with the people of Khaibar to utilize the land 
on the condition that half the products of 
fruits or vegetation would be their share . The 
Prophet it used to give his wives one 
hundred Wasq each, eighty Wasq of dates 
and twenty Wasq of barley. (When 'Umar 
became the caliph) he gave the wives of the 
Prophet 3$| the option of either having the 
land and water as their shares , or carrying on 
the previous practice. Some of them chose 
the land and some chose the Wasq, and 
' Aishah chose the land . 



.lis jUJIj JlJL \/}^r 

Li L-^j>- jUi^i ll*Ju>-N 
J IS j <-Uj*fy ^ iS^JJ 

j^p t lie- ^jj ^j-J I Lo Jj>- ! 1 

^ ^il Jup jl t4iil JuIp 

jl o^l U^iP 41)1 ^P 

U^? <r/*4 ^ [y*^ w> 

^r'jjl J^h o& <-9-jj j\ j£ ly> 

* s * s s Z s \ ' m * ' > \ 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE U^fW) 40*11 ±KS - i* 



299 



(9) CHAPTER. When no period is specified J> p \l\ ub (^) 
in the contract of share-cropping . ' . > . 

2329. Narrated Ibn 'Umar u4^ &i : lili : SilJ liiU*. - trt ^ 
The Prophet % made a deal with the . „ , ^ . 

people of Khaibar that they would have half ' ' ^ 4 ^ L ^ > * i 

the fruits and vegetation of the land they <ul j j^l 

[YYAo \£r\j] 

(10) CHAPTER: : ub ( \ •) 

2330. Narrated 4 Amr: I said to Tawus, "I Ju£ ^ - YtT • 

wish you would give up Mukhabara (share- > ^.^ A , 

. ^ r v cJU : q ^ J 15 : o LL* LJjj>- : <b 1 

cropping), for the people say that the ^ J 

Prophet forbade it." On that Tawus oy\JJii\ cijj ji l^jlkJ 

replied, "O 'Amr! I give the land to share- m ^ '* tf J!jl ^ ' * *~ 

croppers and help them . No doubt ; the most J ' ^ ^ ' J ° ^y^ji 

learned man, namely Ibn * Abbas & I Cr?j p4r*'j ^ t>! c lS' 

told me that the Prophet % had not .n, . . _ ~."\\ > >-y\ 

forbidden it (i .e . , Al-Mukhabara) but said, ^ • ^ ^ 

'It is more beneficial for one to give his land ^JJ ^ jl :- U-J^ <jb' <>fJ 

free to one's brother than to charge him a .^^ /-o, ^ • A — - 

fixed rental.'"*') f^' C^- J '" :JU «i 



[Yin cYm : ^i] 

(11) CHAPTER. Share-cropping with the £ ub (U) 

Jews. 



2331. Narrated Ibn 'Umar uJIp &i JuLiJI LilL^ - YW\ 

Allah's Messenger #| gave the land of ,. • t j. . > *- i.^-.t 

Khaibar to the Jews on the condition that ^ " ^ 

they work on it and cultivate it , and be given t>f J Cf- ' L ^ tl^ c ^ ' 

half of its yield . ,-»t ^ -i^*- k. 



(1) (H. 2330) Sharecropping is not forbidden, but it is recommended that one should let 
his Muslim brethren utilize one's own land without charging them anything. 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE ifejljillj 40*11 w*? i\ 



300 



(12) CHAPTER. What conditions are 
disliked in share-cropping . 

2332. Narrated Rafi' ft I We 
worked on farms more than anybody else in 
Al-Madlna. We used to rent the land and say 
to the owner , "The yield of this portion is for 
us and the yield of that portion is for you (as 
the rent) ." One of those portions might yield 
something and the other might not . So , the 
Prophet 3g forbade us to do so . 



(13) CHAPTER. If a person invests the 
money of someone else in cultivation without 
taking his permission and the enterprise 
effects profit, (to whom will the profit 
belong?) . 

2333. Narrated 'Abdullah bin 'Umar ^ 
ft I : The Prophet ^ said, "While three 
men were walking, it started raining and they 
took shelter (refuge) in a cave in a mountain. 
A big rock rolled down from the mountain 
and closed the mouth of the cave . They said 
to each other, 'Think of good deeds which 
you did for Allah's sake only, and invoke 
Allah by giving reference to those deeds so 
that He may remove this rock from you One 
of them said, 'O Allah! I had old parents and 
small children and I used to graze the sheep 
for them. On my return to them in the 
evening, I used to milk (the sheep) and start 
providing my parents first of all before my 
children. One day I was delayed and came 
late at night and found my parents sleeping. I 



[YTAo 

J b/Jti\ & #2 u 4ib Or) 

yk\ & :jis a£ iui 4>f3 £f'3 

q\£j t^Ui- aIjJuJI Jil 

jJu ^ JUj ^jj lil £Ij (\T) 
ft iiiJa J ftM 



^ ^\-;\ - rrrr 
^ If scf^ If If- 

J# L4^ till ^fj j»* Ji <l>l 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE it j! j*J!j CO*H y Uf t \ 301 



milked (the sheep) as usual and stood by 
their heads . I hated to wake them up and 
disliked to give milk to my children before 
them, although my children were weeping 
(because of hunger) at my feet till the day 
dawned. O Allah! If I did this for Your sake 
only , kindly remove the rock so that we could 
see the sky through it/ So, Allah removed 
the rock a little and they saw the sky. The 
second man said, 'O Allah! I was in love with 
a cousin of mine like the deepest love a man 
may have for a woman . I wanted to outrage 
her chastity but she refused unless I gave her 
one-hundred Dinar . So , I struggled to collect 
that amount. And when I sat between her 




legs, she said: O Allah's slave! Be afraid of ^^rJ ^ 

Allah and do not deflower me except ^ . . .^r \* °r , : 

rightfully (by legal marriage). So, I got up. ^ ' ^ 

O Allah! If I did it for Your sake only, please ^4^1 J^j .*U-Lil \j\y 

remove the rock/ The rock shifted a little 
more. Then the third man said, 'O Allah! I 



employed a labourer for a fara*? of rice and l$L olJGai *UUl JL>-^1I ^ 

when he finished his job and demanded his . ... £ „ • 

t jUO 4jL*j Ui-JI Jj>- 1,1 JLp Cj U 

right , I presented it to him , but he refused to i " ' ^ ^ 

take it . So , I sowed the rice many time till I j-J cJosj UJU l$£U>- Jt>- oJL^ 

gathered cows and their shepherd (from the ^ ^ &\ xJ> I 'cJli Ulli- 

yield) . (Then after some time) he came and ^ 4 ' * tf " ' 

said to me: Fear Allah (and give me my . o-iii ^AiAj ^1 ^JUJI ^oL" 

right) . I said : Go and take those cows and . e . »r.r ' ?? >r.- 

the shepherd. He said: Be afraid of Allah! " ^ ^ r 

Don't mock at me . I said : I am not mocking . t, lit £y U Ji^>- j 

at you. Take (all that). So, he took all that. • ^ . ^ 

O Allah! If I did that for Your sake only, ^ ^ ^ ' J 

please remove the rest of the rock / So , Allah <uUp Lui ^ jj I <j yi; ' j~r I 

removed the rock." * . • 'u cr 

[Also see /fadafc No .2272] ~ / ^ . * 

^jj' p-^ 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE ^tf - 11 



302 



<il$>-j frUjIl cJUi ^yl jtiJu 

ftr^Lrtl tin J^^i J^J ^ 

^ o ^ ^ r . . ^ a ^ c ^ ° > 

(14) CHAPTER. The Auqaf (i.e., ^Ill uliil *Jli)1 cSL (U) 



endowments) of the companions of the 
Prophet 3j| and the land of Kharaj (Zakat} , 
the contracts of share-cropping and other ^"ULco^ 
agreements of the companions. # ^ j 

The Prophet ^ said to 'Umar, "Give ^ ^ ^ u ^ 

those trees as a whole in charity (as Waqf) so <. <U ^ JpL> ^£Jj N t ^Li? U 

that those might not be sold but their fruits 
can be spent and given in charity." So, 'Umar 
gave those trees in charity. 

2334. Narrated Zaid bin Aslam on the U^J-I : aSjl^ £o>- - YYTi 

authority of his father : 'Umar SI* Siil ^3 said, ^ <> , » , • ' * tf J | jlp 

''But for the future Muslim generations, I "" J ^ * ^ ^^^^ 

would have distributed the land of the ^ii- Jli» :J15 j& t^ill 

villages I conquer among the soldiers as the r t°*n > .r vj.f . . „ . - 

Prophet distributed the land of <>^~ & t f fJ 

Khaibar." (l) IglU ^ If**-"** Nl £>y c^Ji U 

t trro t ruo 

(15) CHAPTER. Whoever cultivates U*-1 cjL O©) 
neglected uncultivated land belonging to 
nobody (will own it). > 

'All SIp Sii ^3 had the same opinion *cs> 4)1 Cs^j 

concerning such land in Kufa. 'Umar said, J. > tl - u A 

"Whoever cultivates uncultivated land " ; - 

(belonging to nobody) will possess it." <.<d <2i U?jl UAl ^ 

'Umar and Ibn 'Auf narrated the same from s. „ . , > 



(1) (H. 2334) 'Umar Si^ Siil meant to keep the land as Waqf for the Muslims to benefit 
by through the Kharaj (Zakat of cultivated land) . 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE icjlj*)^ Cijjtfl yltf i\ 303 



the Prophet ^ adding , " . . . provided that the 
land does not belong to any Muslim; 
otherwise one has no right to plant anything 
in it oppressively." 

2335. Narrated 'Aishah <jbi The 
Prophet said , "He who cultivates land that 
does not belong to anybody is more rightful 
(to own it)." 'Urwa said, " 'Umar gave the 
same verdict in his caliphate." 



(16) CHAPTER: 

2336. Narrated 'Abdullah bin 'Umar 
ujlp %\ : While the Prophet was passing the 
night at his place of rest in Dhul-Hulaifa in 
the bottom of the valley (of Al-'AqTq) , he saw 
a dream and it was said to him, "You are in a 
blessed valley." Musa said, "Salim let our 
camels kneel at the place where 'Abdullah 
used to make his camel kneel, seeking the 
place where Allah's Messenger % used to 
take a rest, which is situated below the 
mosque which is in the bottom of the valley ; 
it is midway between the mosque and the 
road." 



2337. Narrated 'Umar ibi While 
the Prophet was in Al-'Aqiq he said, 
"Someone [meaning Jibril (Gabriel)] came to 
me from my Lord tonight (in my dream) and 
said, 'Offer the Salat (prayer) in this blessed 
valley and say (I intend to perform) 'Umra 



tplU ji- ^» :Jl*j t#| 
<* + „ 

iSyju - <( i^ 5c* ^ 

•it cf /> 

■j^.Cf.^. tilt - ^rro 

^ Cffj iy ^yy iy 
iijf jii t*j>-i y$$ y~\ *^~y) 

a£ ftl ^fj y* ^ 

: On) 
t£U - rrrn 

^ if ^ y^r y j^-^i 

H j! \<Z ft I 5^1 ^ 

y*j Wi 5^' <J>~^> lt'S^ &yA. 9, 

y*y ^y~^\ & ji-^t 
<>* ji^^' y>.j ^4? 

^ t-jui- - rrrv 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE ifejIjiJIj 40*" wtf - t\ 



304 



along with Hajj (together) : J IS ^ ^13 1 4> 1 j 

" " ** ^ 

(17) CHAPTER. If the owner of the land r^j^l 4o ^ *M 4*M (W) 
(says to the tenant), "I let you utilize the land j£ M ^| *J* £ ^ ^ *j*-f 

as long as Allah permits you," and does not ' * \ ^ 4 * f' 
mention a specific time for the expiration of U^-.^ly ^Ip Uf* <> I* ^i** 

the lease, then the lease can be continued 
according to the approval of both the parties . 

2338. Narrated Ibn 'Umar Lf£ %\ ^y. jLLit LlijL^ - YYTA 

'Umar & ill L -^\ expelled the Jews and the r> > > . > -a 

Christians from Hijaz. When Allah's ^ £ „ 

Messenger had conquered Khaibar, he ^ 0* fc £f^ ^rr^ ' ^ y 
wanted to expel the Jews from it as its land \ >\ . . . "... , ^ . . ... > 
became the property of Allah, His ^ <*?*^s 
Messenger , and the Muslims . ^Sr^' "<3U5^ ^ * * '^=1 

AJlah's Messenger Mj intended to expel , . > < -.^ , > ^ 

the Jews but they requested him to let them ^ ?^ ^ 

stay there on the condition that they would b\ y\ ^ <. ^iU tCi* 

do the labour and get half of the fruits . \* X \ - - ' * 1 1 *' i i ' " ' 

Allah's Messenger^ told them, "We will ^ ^ ^ ^ J ^ ^ 
let you stay on this condition , as long as we . jU»>JI 3^31 
■ish." So, they (i.e., Jews) kept on living ' ^ # ^ ^ , - 
vhere until 'Umar forced them to go towards ^ ^ J ' ^ 

Taima' and Ariha' . U^? ^ 

9J £\ -c^hj m 

5§g 4ii cJLli l^U 

ifUp iji5^j o\ if; 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE ttjljillj 4*>*)1 ytf - M 305 



(18) CHAPTER. The Companions of the 
Prophet 3g used to share the yields and fruits 
of their farms with each other gratis . 

2339. Narrated Rafi'bin Khadij Z± %\ : 
My uncle Zuhair said, "Allah's Messenger 
forbade us to do a thing which was a source of 
help to us." I said, "Whatever Allah's 
Messenger said was right." He said, 
"Allah's Messenger m sent for me and 
asked, 'What are you doing with your 
farms?' I replied, We give our farms on 
rent on the basis that we get the yield 
produced at the banks of the water streams 
(rivers) for the rent , or rent it for some Wasq 
of barley and dates. ' (1) Allah's Messenger |jg 
said, 'Do not do so, but cultivate (the land) 
yourselves or let it be cultivated by others 
gratis, or keep it uncultivated.' I said, 'We 
hear and obey.' " 

[See Hadith No .2346 , 2447] . 



2340. Narrated Jabir iui ^'y. The 
people used to rent their land for cultivation 
for one-third, one-fourth or half its yield. 
The Prophet sg§ said, "Whoever has land 
should cultivate it himself or give it to his 
(Muslim) brother gratis for cultivation; 
otherwise keep it uncultivated." 



# 1>\S [* £L OA) 

Lai; ft**** M ^ 

Ah 

: 4)1 jup LT^I : JJLii 

Jr J If ieOj^i 

4)1 J y*J Ul^J JliJ i J 15 ^0 

U :vii* fcUjO Lu JlS" 0j 
:J15 3§| 4)1 J^j J 15 

U» : J IS 4)1 

N» : J Li /j-Hv-Lllj 




2341 . Narrated Abu Hurairah & &i 



bcL^ : cJlS • 3^5 .«L*jSl«^l 
^ 4)1 j£p l£U - YVi* 

1 i-ft./i'Jlj - £j^J V*^^ 

J^j! J oils' ^» :3g JU5 



(1) (H . 2339) The majority of the religious scholars agree that to rent the land for its yields 
was not allowed by the Prophet $g , but to rent it for money was allowed . See Fath Al- 
Barf. 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE icjljillj - i) 306 



Allah's Messenger said, "Whoever has 
land should cultivate it himself or give it to 
his (Muslim) brother gratis for cultivation; 
otherwise he should keep it uncultivated." 
[See Hadith No. 2346, 2347] . 



2342. Narrated 'Amr : When I mentioned 
it (i.e., the narration of Rafi' bin Khadij. 
No .2339) to Tawus, he said, "It is 
permissible to rent the land for cultivation, 
for Ibn 'Abbas fti ^fj said, 'The Prophet 

did not forbid that, but said: One had 
better give the land to one's brother gratis 
rather than charge a certain amount for it.' " 



2343. Narrated Nafi' : Ibn 'Umar &i 
used to rent his farms in the time of Abu 
Bakr, 'Umar, 'Uthman, and in the early days 
of Mu'awlya. 



2344. Then he was told the narration of 
Rafi' bin Khadij that the Prophet ^ had 
forbidden the renting of farms. Ibn 'Umar 
went to Rafi 4 and I accompanied him. He 
asked Rafi' who replied that the Prophet sj| 
had forbidden the renting of farms. Ibn 
'Umar said, "You know that we used to 
rent our farms in the lifetime of Allah's 
Messenger |g for the yield of the banks of the 
water streams (rivers) and for certain amount 
of figs . 

[And in some copies of Sahih Al-Bukhdri it 
is written "At-Tibn" i.e., chopped straw 
instead of figs.] 



J&l sjl^i ^1 tUL ^1 

ji» :#| jil J^j Jli : Jli SIp 

tAip ij 5|§ ^JjI jl : U$Ip 4il 
jl« : JU j&j 

. 8 La jAjw l^-wt U j 1 jy> i! 

44,1 *>fJ ^ J*' ^ ^ 

j^p 4*j\y* ^JZ jis l<4^ 
juipj ^ ^ij $g ^Iji 

: jiaJI] .<jjLa-4 Sj1-*| \jJ^?j 

fl^^P ^ ^ ^Jl jb) 

sgXj c^I ^ 4^ ^j 1 ^ 1 

Uj ^ 4j1 Jj-^j Jifp ^^Ip 



[Y YA*1 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE Uj\~jti\) ti>*JI titf IS 307 



2345. Narrated Salim : 'Abdullah bin : ^ ^ ^J^ l£U - VTto 



'Umar &i ^3 said, "I knew that the , , t „ c > . - - .t, ( , v« 

V' **P *• U<lP '*P t^^JUl u>JU>- 

land was rented for cultivation in the life- y ^ 

time of Allah's Messenger Later on Ibn <bl jlp j! :^L- '•^^4> 

'Umar was afraid that the Prophet M had > *> . >. " , , 

forbidden it, and he had no knowledge of it, ^ J ^ 

so he gave up renting his land . jl 3|§ 4s\ J^j j4* ^ 

(19) CHAPTER. To rent the land for gold ^iJLJL ^jiS 

and silver. ' " m a 

Ibn 'Abbas said, "The best thing to do is L> Jiil jl ".^Lp ^j! JISj 

to take the uncultivated land on yearly rental , , t . > - • * % „ > ^ 

basis „ ^jii ij^^" ui d^;u> 

2346, 2347. Narrated Hanzla bin Qais: - YriV ^Tt\ 

Rafi' bin Khadii said, "My two uncles told me , ^ * . * 

that they (i.e., the companions of the - or . ur. 

Prophet used to rent the land in the ^ t^jJ-^Sl j^Ip ^1 ^ 

lifetime of the Prophet for the yield on the ' . . - ' . _ , . " 

" ! Id «j Jb>- " «j *3 I i • *P t —^3 

banks of water streams (rivers), or for a <^~' C ^ ^ 

portion of the yield stipulated by the owner of j j^So ! y IS* ^ I ^ ULp 
the land. The Prophet sg; forbade it." I said * ?ti 6 ' i' "■ B Sli 

to Rafi\ "What about renting the land for ; ^ s*; ^ ^ ^ J 

Dinar and Dirham?" He replied , "There is a \ ; J ^^j. jl ^U_>jVl ^Lp 

no harm in renting for Dlnar-Dirham . Al- 6 ^ « i <• ■ 6 V/i ' i - 

Laith said, "If those who have discernment ^ ^ ^ 

for distinguishing what is legal from what is ^ CjlSS : ^iljJ cJLii . JJJi 

illegal looked into what has been forbidden * -.'r « -»*n t •"n 

concerning this matter, they would not ^ - C ( v ^ ^ - ■ 

permit it ; for it is surrounded with JUj . ^ijjJlj jL>jJIj L^j 
dangers 



(1) (H. 2346) Al-Laith agrees in the Hadlth with the common opinion of the scholars who 
think that renting the land is forbidden if it leads to arrogance and mischief; the 
principle of renting is not illegal . The scholars differ as to what ways of renting are 
permissible. And the majority of the religious scholars agree that to rent the land for= 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE S^j\'jii\j it? - i\ 



308 



(20) CHAPTER: 

2348. Narrated Abu Hurairah 
Once the Prophet ^ was narrating (a story) , 
while a bedouin was sitting with him. 
(saying) , "One of the inhabitants of 
Paradise will ask Allah to allow him to 
cultivate the land . Allah will ask him , 'Are 
you not living in the pleasures you like?' He 
will say, 'Yes, but I like to cultivate the 
land.'" The Prophet added, "When the 
man (will be permitted he) will sow the seeds 
and the plants will grow up and get ripe, 
ready for reaping and so on till it will be as 
huge as mountains within a wink. Allah will 
then say to him, 'O son of Adam! Here you 
are . Take it and gather (the yield) ; nothing 
satisfies you'." On that, the bedouin said, 
"The man must be either from Quraish (i.e., 
an emigrant) or an Ansari, for they are 
farmers, whereas we are not farmers." The 
Prophet ^ smiled (at this) . 



A£ U p f^r^j 

: iYm .jf^Ujjl 

[t *\r 
:£L (YO 
xJ^a - YV1A 



e* 1 



(21) CHAPTER. What is said about planting 
trees . 



4Ul JLP 

luLL' N 5li fSl ^1 L, 

[vo\<\ : jJijl] 



==its yields was not allowed by the Prophet |g but to rent it for money was allowed. 
(Fath Al-Bari) 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE S&j\'jii\j 40*11 wtf - i\ 309 



2349. Narrated Sahl bin Sa'd ^ fti ^ : 
We used to be very happy on Friday as an old 
lady used to cut some roots of the Silq , which 
we used to plant on the banks of our small 
water streams, and cook them in a pot of 
her's , adding to them , some grains of barley . 
[Ya'qub, the sub-narrator said, "I think the 
narrator mentioned that the food did not 
contain fat or melted fat (taken from 
meat)."] When we offered the Friday 
prayer we would go to her and she would 
serve us with the dish. So, we used to be 
happy on Fridays because of that . We used 
not to take our meals or the midday nap 
except after the Jumu 'ah prayer . 



2350. Narrated Abu Hurairah <S fti jj>j : 
The people say that Abu Hurairah narraies 
too many narrations. In fact Allah knows 
whether I say the truth or not . They also say : 
"Why do the emigrants and the Ansar not 
narrate as he does?" In fact, my emigrant 
brethren were busy trading in the markets , 
and my Ansar brethren were busy with their 
properties. I was a poor man keeping the 
company of Allah's Messenger ^ and was 
satisfied with what filled my stomach . So , I 
used to be present while they (i.e., the 
emigrants and the Ansar) were absent , and I 
used to remember while they forgot (the 
Hadlth), One day the Prophet jjg said, 
"Whoever spreads his sheet till I finish this 
statement of mine and then gathers it over his 
chest, will never forget anything of my 
statement." So, I spread my covering sheet 
which was the only garment I had, till the 
Prophet £g finished his statement and then I 
gathered it over my chest . By Him Who had 
sent him (i.e., Allah's Messenger with 
the truth, since then I did not forget even a 



1 J-OCw- 



y sfJ 1 ^ <y ] y 

. m- *?t ^ , . - • - - 

~ jt 3 ^ y ll>- <ui JJc*ti$ c LgJ 
^!j ^liSJ & Uj slLSi Jit ^ 

[vta i^ij] . jiLAJi ii: j^; 

0* a* y 

<ulj tjjSo u ol -OjJji 

j^^r LgJJJ U : o jJjilj <, -u-}^J I 
jL Sj&J M jUNlj 

jlj t jljJ-SlL J \\ ^-JJlL^J 

^ ^ji jiij .y^t 

1 <b jj |>3wj JL>- 1 ^----^ 



41 - THE BOOK OF CULTIVATION AND AGRICULTURE U'j\'jU \) 4< j*f I ±& i\ 310 



single word of that statement of his, till this . «LUi LlL£ ^LjL» <^~'4* 

day of mine. By Allah, but for two Verses in ^> r * ,i ,j : > 

Allah's Book, I would never have related any ^ o~J °j* J 

narration (from the Prophet jg)." (These iHJlii ^ ^^-iS 

two Verses are) : "Verily, those who conceal ^ ^ ^ — 

the clear proofs , evidences and the guidance , ^ - c <-^* 

which we have sent down... (up to)... the J I dlb «JUi -ja c~~J U J>JLj 

Most Merciful." (V .2:159, 160) . . r T\iM -i tV 

Soft Lb I Uli jlSoiJb- U 43b \ 



42 - THE BOOK OF WATERING olSUUf I cjW it 



311 



42 -THE BOOK OF WATERING d£U*H ujtf - IT 



CHAPTER. The Statement of Allah JU;: 
"... And We have made from water every 
living thing. Will they not then believe." 
(V.21 :30) 

And His Statement : "Then tell me about the 
water that you drink. Is it you who cause it 
from the rainclouds to come down, or are We 
the Causer of it to come down? If We willed, 
We verily could make it salt (and 
undrinkable) , why then do you not give 
thanks (to Allah)?" (V.56:68-70). 



(1) CHAPTER. Whoever thinks that giving 
water in charity, or as a gift or by way of a 
testament is permissible, whether it is 
divided or not. (1) 

Narrated 'Uthman «JL_p &i t >~?j: The 
Prophet said , "Who will buy the well of 
Rumah (a well-known well in Al-Madina) 
(and endow it for the good of Muslims) so 
that he may use it as the other Muslims do 
without any privilege?" 'Uthman ^ fti ^3 
bought it . 

2351 . Narrated Sahl bin Sa'd & 41 1 : A 
tumbler (full of milk or water) was brought to 
the Prophet ^ who drank from it, while on 
his right side there was sitting a boy who was 
the youngest of those who were present , and 
on his left side there were old men. The 
Prophet asked, "O boy, will you allow me 
to give it (i.e . , the rest of the drink) to the old 
men?" The boy said, "O Allah's Messenger! 
I will not give preference to anyone over me 
to drink the rest of it from which you have 



*Zaj *UJt 5Sju^ O) 

oii U :<3li «?flJ>Vl 



(1 ) (Ch . 1 ) Al-Bukhari wants to refute the opinions of those who think that water cannot be 
possessed. (Fath Al-Bari) . 



42 - THE BOOK OF WATERING ©tSUil! utf - it 



312 



drunk." So, the Prophet ^ gave it to him. 1 4ii J Ij U^- 1 

[onr* t rvo t rvr 

2352. Narrated Az-Zuhri: Anas bin Malik :jUJl ^1 iL'li- - YY'oY 

ilp ill ^3 said that once a domestic sheep was * .fn . * a . > 1/ M 

milked for Allah's Messenger^ while he was ' 4J*s jr*~ 

in the house of Anas bin Malik . The milk was 4i i j ^iU U jj \ ^ \ { J^-^>- 

mixed with water drawn from the well in ^ * . , > - , * > >?t 

Anas' house. A tumbler of it was presented ZJ " 

to Allah's Messenger 3g who drank from it. . dUU ^ ^1 jlS ^ 

Then Abu Bakr was sitting on his left side and . . , A 

a bedouin on his right side. When the ^ ^ ^ & ' ; 

Prophet $jfg removed the tumbler from his <j|§ 4ii J^-j <J^^ c^l jiS 

mouth, 'Umarwas afraid that the Prophets .-c t , * >• - ir ^ -c tl 

might give it to the bedouin, so he said, "O ^ * " ^ 1 

Allali's Messenger! Give it to Abu Bakr who j&j <. y\ $jL*j ^J^j If 

is sitting by your side." But the Prophet M ! t , * - > - > - t , -r * , - • f 

gave it to the bedouin , who was to his right ^ Sr- f 

and said, "You should start with the one on Lj JZ \A Jai-I : ^3*^" 

your right side." „ r '.v M .f. i, > - 

iOIH cToV\ r^JUl] 

(2) CHAPTER. Whoever said, "The owner of *UJI C*>1* Si JIS 4*M (Y) 

the water has the right to drink till he is ^ ?. . a -. * a,.* 

satisfied, as the Prophet said, ^ ^ ^ji t . 

'Superfluous water should not be withheld *UJl jjai £ui ^1 :$|| 

from others ."' > *. . w ^ 

v <&l UjJL>- - YY^Y^ 

2353. Narrated Abu Hurairah il£ %\ ^ " 

Allah's Messenger ggg said , "Do not withhold ^1 t Ji! L« LJ^-J- 1 : CuLy^ 

the superfluous water, for that will prevent « fl . . . 

people from grazing their cattle. 0ji ^ ^ a*" -r 



(1) (H. 2353) This Hadlth means that if one has a well near which there is a pasture and 
there is no other source of water in the area , one should not withhold the water from 
the sheep grazing there, for that would make it impossible for the sheep to graze there 
as they would be in great need of water after grazing . So , to withhold the water means 
to prevent sheep from grazing as well . (Fath Al-Bdri) . 



42 - THE BOOK OF WATERING filSUoJI wtf IT 



313 



5j ^Uli p-UJI Juii £UJ N» :Jli 

2354. Narrated Abu Hurairah ^ <bi ^3 : jj£ ^ S&x>. - YVo£ 
that Allah's Messenger M said, "Do not * . . > * , 
withhold the superfluous water in order to y ^ ^ 

withhold the superfluous grass." <1LS> j ^LiSj \ j>\ t^lfi 

jjii l^iu; N» : Jli 3j§ A 1 J^i3 

(3) CHAPTER. If one digs a well in his own ^ ij^h'j**' If ^ 

land and somebody falls in it and dies , the " 
owner is not responsible . 

2355. Narrated Abu Hurairah aIp <bi : : :> jJLJ^S ^jlJjl^- - YVoo 
Allah's Messenger ^ said, "No blood-money 
will be charged if somebody dies in a mine , or 



in a well, or is killed by an animal; and if ji- t^JL> ^1 j& t ^1 
somebody finds a treasure in his land he has * . " * 

to give one-fifth of it to the government. H } ^ J 



[mi .«Jjijl jtf^l 

(4) CHAPTER. Disputes and controversies jJ-Jl ^ U^JaJjl 4^»Lj (i) 
about wells and the settlement of such . . 

1 a . » i -Ami | * 

disputes and controversies . ' ^ 

2356, 2357. Narrated 'Abdullah (bin cOIjlp 1^0^ - TroV tYrol 

Mas'ud) ilp <jb i The Prophet ^ said, , . * ' ' -' 9 ' f ' 

"Whoever takes a false oath to deprive ^ a* 

somebody of his property will meet Allah aIp Jil J^fj 4)1 Jlp fc J-f^ 
while He will be angry with him." 

Allah revealed: "Verily, those who 



(1) (H. 2355) The owner of the well is not responsible if somebody falls and dies in it, if the 
well is in his land or in uncultivated land belonging to nobody. (This is true concerning 
mines also.) But if the well is dug on the way of the Muslims or in the land of somebody 
else without his permission and somebody falls and dies in it, then the person who has 
dug the well has to pay blood-money. 

If an animal has untied itself and kills somebody or spoils his property, the owner of the 
animal is not responsible unless he is present at the time of the accident. (Al-Qastalani) 



42 - THE BOOK OF WATERING ȣL*)I witf - IT 



314 



LiiVl *L>*i .[vv : jl^ Jl] £Ml 

:J JL^ tj ^ ^1 ^1 J 
\ (, ^ J Lo ! ois 



purchase a small gain at the cost of Allah's y*> ^JJJ \$f>\ Ifc ^fe"^ 
Covenant, and their oaths..." (V. 3:77) ,r.' ' ^ . % / 

Al-Ash ath came (to the place where '-^ v~ ^ ^ ^ 

'Abdullah was narrating) and said, "What ^jjl 6^ J^l^ <i)l J^U t«jLip 
has Abu 'Abdur-Rahman (i.e., 'Abdullah) 
been telling you? This Verse was revealed 

concerning me . I had a well in the land of a doLiMl £bii .[vv Jl] CM I 

cousin of mine . The Prophet 3g§ asked me to 
bring witnesses (to confirm my claim) . I said , 

'I do not have witnesses.' He said, 'Let the jj J . CM I oik cJ^I ^ 

defendant take an oath then.' I said, 'O 
Allah's Messenger! He will take a (false) oath 

immediately.' Then the Prophet ^ :Jli o^-i J ^ • oJli 
mentioned the above narration and Allah 
revealed the Verse to confirm what he had 
said." (See Hadith No .2515, 2516) lli #| ^Jj\ yslS cvlLlJJ 

u. Jui; ill j> i J j^U w oj^i^J i 

t nvi cTivr ,n~<\ .r*m ,ro^o 
i[viio fc -nvi .-no* ,iot^ 

jou -.tnv ,rrov :j^jb*Ji] 
,*nv c$oo* t nvv ,nv* , r-nv 
[V>A* t -nvv 

(5) CHAPTER. The sin of him who JyJjl ^» ^ ^ jJj (o) 
withholds water from wayfarer and ' .-u - 

travellers. - ^ 

2358. Narrated Abu Hurairah ilp fti : j_> ^ 
Allah's Messenger ^ said , 'There are three > rj | L5jl>- ' Up U_^l 

types of people whom Allah will neither look ^ " " ^ ' ^ 

at them on the Day of Resurrection , nor will LI :Jli ^^J-Vl tjLj 

he purify them (from sins) and they shall have 
a painful torment . They are : 

1 . A man possessed superfluous water, 

way and he withheld it from travellers . . e . . r, >- . v . - ** 

2. A man who gave aBai'a (pledge) to a ruler S ~- yj^^ - J 
and he gave it only for worldy benefits. If : ^>\jj- ^ j Mj ^LfSl 
the ruler gives him something he gets \<'^ jSj U U ^lii aJ ' 15 ^Lt' 
satisfied, and if the ruler withholds ***** ^iJ^ . J cr^ 23 J J^J 



42 - THE BOOK OF WATERING oISUaJI wtf £T 315 



something from him, he gets dissatisfied. ^ oUl J^-jj tj^lil ^1 ^ 
3. And a man displayed his goods for sale . - , • ^t^i ,. \*> x vl," 1 > 

after the Asr prayer (and took a false oath ^ v ^ 

by) saying, 'By Allah, except Whom none J^-jj <• Ja>^ Igi? jlj 

has the right to be worshipped, I have -., ; r . • 

been given so much for my goods, and - ^ ^ * - \ 

somebody believes him (and buys them)." \jS 1$j viJapl J& o^J- iJl ^ <jjj| 

The Prophet ^ then recited: "Verily, < \ jl; «*L>/ ' r ll^ 

those who purchase a small gain at the cost of " ^ ' ( -^" J 4,9 

Allah's Covenant and their oaths..." Iuj ^iLjtj -JjT j^i ojjvii ^Jjl 

(V 3 *77) s " „ 

v ' * ' .rn^ : ^i] .[vv :oi^p Jl] 

[vai t vru t nvY 

(6) CHAPTER. The dams of rivers. 4>b (n) 

2359, 2360. Narrated 'Abdullah bin Az- <il JLp - YW tYrM 

Zubair u j ' p &i ( >-fj: An Ansdri man JjLJLJl lJji>- '* ' ' ' 

quarrelled with Az-Zubair in the presence ' - * 

of the Prophet #| about the Harra canals : S j ^i- t lg-J^ I ^Jb- 

which were used for irrigating the date- t & \ - ■ ' * \ &\ j^j, 

palms. The Ansdri man said to Az-Zubair, * & <■ 

"Let the water pass", but Az-Zubair refused j-? ^ 

to do so . So , the case was brought before the ' ^ . ^ s t, " ' ' ' 1 

Prophet m who said to Az-Zubair, "O f ^ « ^\ 

Zubair! Irrigate (your land) and then let the J lis tjAil ^ <1>>^J ^1 

water pass to your neighbour." On that the , f. a> . ' "> , 

Ansdri got angry and said to the Prophet 3^5, ^ * 

"Is it because he (i.e., Zubair) is your aunt's t ^| ^1] I juLp Ujaii U t aILp 
son?" On that the colour of the face of 
Allah's Messenger ^ changed (because of 



anger) and he said, "O Zubair! Irrigate (your t «iSjl>- J I £UJl Jl^jI p ^Jj 

land) and then withhold the water till it „ ^ ^ • 2 'ui!Vl " *' r 

reaches the walls between the pits round the ^ ° ° ' u ^ ^ 

trees." Zubair said, "By Allah, I think that p ^ 4il J>ij *^rj S'Jiflp 

the following Verse was revealed on this M • 1 s£ > ^ , 

occasion : ^ ; ( ^ v - r 

'But no, by your Lord, they can have no JUi . «jJL>Jl ^1 ^J^- 

Faith, until they make you (O Muhammad ^r,, .1 > B v; *. A . - > -i tl 

5§) judge in all disputes between them . " • - ^ " 



(V.4:65) ^ dtjj :dU. 



42 - THE BOOK OF WATERING otSUiJI wttf IT 316 



(7) CHAPTER. The land nearer to tht 
source of water has the right to be irrigated 
before the one that is farther. 

2361 . Narrated 'Urwa fti ^j>j : When a 
man from the Ansar quarrelled with Az- 
Zubair, the Prophet 2g said, "O Zubair! 
Irrigate (your land) frst and then let the 
water flow (to the land of the others)." On 
that the Ansari said (to the Prophet ^g) , "Is it 
because he is your aunt's son?" On that the 
Prophet $g said, "O Zubair! Irrigate till the 
water reaches the walls between the pits 
around the trees and then stop (i.e., let the 
water go to the other's land)." I think the 
following Verse was revealed concerning this 
event : 

'But no , by your Lord , they can have no 
Faith, until they make you (O Muhammad 
#|) judge in all disputes between them.' " 
(V.4:65) 

(8) CHAPTER. The land nearer to the 
source of water has the right to be covered 
with water up to the ankles . 

2362 . Narrated 'Urwa bin Az-Zubair ^3 
L4IP ft I : An Ansari man quarrelled with Az- 
Zubair about a canal in the Harra which was 
used for irrigating date-palms. Allah's 
Messenger ordering Az-Zubair to be 
moderate, said, "O Zubair! Irrigate (your 
land) first and then leave the water for your 
neighbour." The Ansari said, "Is it because 
he is your aunt's son?" On that the colour of 
the face of Allah's Messenger changed 
(because of anger) and he said, "O Zubair! 



JJ3 :<t3bi jup y\ JU : 

•ill Vll it ' ' i^o> > S • ^- 

t t v ♦ a t rr-\r ,^r\\ : ^1] . 

[Ioao 

^?L>- :Jli o}^p ^i- t^^jjl 
^ ^ 

[rro<\ i^lj] . [To :»LJI] 
^Jl Jl ^Ml J.b (A) 

u>U :1U5 i£U - rnr 

- j L j-^ I » : 5§§ -Ob I J J ^ 



42 - THE BOOK OF WATERING d£U*)l wbf it 317 



Irrigate (your land) and withhold the water 
till it reaches the walls that are between the 
pits around the trees." So, Allah's 
Messenger gave Az-Zubair his full right . 
Az-Zubair said, "By Allah, the following 
Verse was revealed in that connection : 

'But no, by your Lord, they can have no 
Faith, until they make you (O Muhammad 
jg) judge in all disputes between them'." 
(V.4:65) 

(The subnarrator), Ibn Shihab said to 
Juraij (another subnarrator) , "The Ansar and 
the other people interpreted the saying of the 
Prophet : 'Irrigate (your land) and 
withhold the water till it reaches the walls 
between the pits around the trees,' as 
meaning up to the ankles." 



(9) CHAPTER. The superiority of providing 
water (to those who need it) . 

2363. Narrated Abu Hurairah ilp &i ^\ : 
Allah's Messenger ^ said , "While a man was 
walking he felt thirsty and went down a well 
and drank water from it . On coming out of it , 
he saw a dog panting and eating mud because 
of excessive thirst . The man said, 'This (dog) 
is suffering from the same problem as that of 
mine . So he (went down the well) , filled his 
shoe with water, caught hold of it with his 
teeth and climbed up and watered the dog. 
Allah thanked him for his (good) deed and 
forgave him." The people asked, "O Allah's 
Messenger! Is there a reward for us in serving 
(the) animals?" He replied, "Yes, there is a 
reward for serving any animate (living 
being)." 



jl5 jl :^jUJSM JUi 

IS o o jS * o " • ^ 

J~^-l p :Jli p Sit 

J>$L\j ,«^>JI Jl iUl ^ 

■»> J iJjif ty\ 

" S " * 

pUJI JL* Jjii 4»L» (^) 

erf 3 ^ ur^ ^ j^ 

:JIS 4)1 j| : aip 4)1 

^iJaiJl aIIp JcLili J^rj 

^i jsi; > 

JJU li_fc ^JJ juJ : J Us . ^lk*jl 

* ' ^ z * * £ * £ ' ^ ' ^ , s 

>i * ' ' t * * ' ' , t ~ \ s 

4)1 ^SLii ^UlS^Jl t _ 5 ili ^ij <- a*aj 

* > » " >" >" 

<.4il J j-^j L» :IjJIS . «aJ yiii «J 

J* :Jli r ;l^l ^ G jlj 



42 - THE BOOK OF WATERING 



318 



2364. Narrated Asma' bint Abi Bakr ( 
l4Ip : The Prophet |g offered the eclipse 
Sa/ar (prayer), and then said, "Hell was 
displayed so close that I said, *0 my Lord! 
Am I going to be one of its inhabitants?' " 
Suddenly he saw a woman. I think he said, 
"...who was being scratched by a cat." He 
said , "What is wrong with her?" He was told , 
"She had imprisoned it (i.e., the cat) till it 
died of hunger." 



2365. Narrated 'Abdullah bin 'Umar ^ 
uj'p %\\ Allah's Messenger g|g said, "A 
woman was tortured and was put in (Hell) 
Fire because of a cat which she had kept 
locked till it died of hunger." Allah's 
Messenger ggg further said, "Allah knows 
better. Allah said (to the woman), 'You 
neither fed it nor watered it when you locked 
it up , nor did you set it free to eat the vermin 
of the earth.'" 



(10) CHAPTER. Whoever thinks that the 
owner of a tank, or of a leather water- 
container has more right to use the water 
than any other person . 

2366. Narrated Sahl bin Sa'd &i : 
Once a tumbler (full of milk or water) was 
brought to Allah's Messenger #| who drank 
from it, while on his right side there was 
sitting a boy who was the youngest of those 



'[wr i^] . 5 Lj # 
^) y) if cj» ^ 

JLjj : cJU ^JL>- 



[Vio 



o^a ^ o!^! cJjipi* : J Li Jig 4il 



cJL>-Ji Lp 



Lo 



:- jUp! ilj- jUi :J15 LgJ 
/^>- L^liS M j L^ixi?! oJ I M 

4jUj ^i^' ^J^^ 



jlp LSJb- llSJii- - Yf*U 



42 - THE BOOK OF WATERING 



319 



who were present , and on his left side there 
were old men. The Prophet sg§ asked, "O 
boy! Do you allow me to give (the drink) to 
the elder people (first)?" The boy said, "I 
will not give preference to anybody over me 
to have my share from you, O Allah's 
Messenger!" So, he gave it to the boy. 



2367. Narrated Abu Hurairah <Ip ft I ^5 • 
The Prophet ijjg said, "By Him in Whose 
Hands my soul is, some people will be driven 
away from my Tank [Haud (Al-Kauthar)] on 
the Day of Resurrection as strange camels 
are driven away from a private tank 
(trough)." 



2368. Narrated Ibn 'Abbas &i ^y. 
The Prophet said , "May Allah be Merciful 
to the mother of Isma'Tl (Ishmael)! If she had 
left the water of Zamzam (fountain) as it 
was, (without constructing a basin for 
keeping the water), (or said, "If she had 
not taken handfuls of its water") , it would 
have been a flowing stream. Jurhum (an 
Arab tribe) came and asked her, 'May we 
settle at your dwelling?' She said, 'Yes, but 
you have no right to possess the water.' They 
agreed." 



. eLjl oLl? ,pLJ 4 41)1 J 



L, 



oil: ^ - *rnv 



:J15 H tJs\ j> <.ZZ Jul ^3 

(>^J If) ^ ^ 

- *UJ1 ^ Ji ^] :J15 jl 

tpUJl ^ ^ J>- ^ :cJ15 
[rrno jrii 



2369. Narrated Abu Hurairah £Ip ^Oti ^3 : 
The Prophet 3g said, "There are three types 



42 - THE BOOK OF WATERING elSUaJ I u-itf it 



320 



of people whom Allah will neither speak to <. j J*s- j& <. jul^ bJop- : 

them, nor look at them, on the Day of f • ' * (I - \ * ' 

Resurrection . (They are) : ^c^^^C^^o* 

1 . A man who takes an oath falsely that he j|| j& aip iil ^^p^ 

has been offered for his goods so much . vf - tl . 

more than what he is given , \ ™ 

2. A man who takes a false oath after the Asr UA^- J^-j : ^Jl ^kb 5*^' 
(prayer) in order to grab a Muslim's ^ ^ "j^l J£ 
property, and '„ ' * " , 

3. A man who withholds his superfluous ^JiSJ- J^rjj tfc -r^^ 

water. Allah will say to him, Today I - , - 

will withhold My Grace from you as you C" ~ * ^ 

w : .*n-~eld the superfluity of what you had J^rjJ ^ ^X^» ^ 

not created.'" -*-ti >- . 't *--r * r 

J^IaJ 3 U J~ii U5 j^Ufli 

jLH l5jl>- : Jli . «IllJb 
^tJL^? LI * 3 if <m $j a 

(11) CHAPTER. No //wwa (private pasture) aJJ *t : JjU ( \ \ ) 

except according to what Allah and His ^ I'm 

Messenger #| did. (1) ^ 

2370. Narrated As-Sa'b bin Jaththama: : jjt ^ l^JLs^- - 

Allah's Messenger ^ said, "No Hima {2) 
except for Allah and His Messenger $g (3) . 



We have been told that Allah's Messenger #| ^ 4)1 Jup ^ 4)1 Jul* ^ 

made a place called An-Naqf as Hima, and >1 . „ " ,s - 

'Umar made Ash-Sharaf and Ar-Rabadha - , * ' 

Hima (for grazing the animals of Zakat). : Jli ^ ^IJLjaJl 01 ' 



(1) (Ch. 11) This means that the Imam has the right to assign certain pastures for certain 
purposes (e.g., for grazing the animals of the Zakat). Nobody would then have the 
right to use the pastures for other purposes. (Fath Al-Bari) 

(2) (H. 2370) The origin of this word is that when an Arab chief came to a certain place 
suitable for pasturing, he would let his dog bark at a high place. The area across which 
the sound of the dog spread would be a private pasture for the chiefs cattle, and 
nobody else would have the right to graze his cattle in it . So Hima means a private 
pasture, originally belonging to nobody, and nobody is allowed to cultivate it, but it is 
kept for grazing private animals. (Fath Al-Bari) 

(3) (H. 2370) Allah's Messenger j& and the Muslim leaders only have the right to keep 
pastures of this sort ; no individual has the right to keep Hima for his personal good as 
the Arabs used to do in the Pre-Islamic Period of Ignorance. (Ibid.) 



42 - THE BOOK OF WATERING o£Ua!1 ujtf IX 



321 



^ N» : Jli #; 5b I J^j jl 

[ror : .sJL^Jlj 3^1 

(12) CHAPTER. Drinking water by people JL-j ^lljl ^>)i cSb 

and watering animals from the rivers . - ? ^-t- 

2371 . Narrated Abu Hurairah & 3>i : ^ 4i I jlIp ll*JL>- - TV V ^ 

Allah's Messenger ig said, "Keeping horses e . ^ > j , . . * # , 

may be a source of reward to some (men), a ^ K ^ 

shelter to another (i.e., means of earning ^ -f-^' ^3 

one's living) , or a burden to a third^ .He, to 4, . - t « - ' s s . , 

Mil I i * H ^ ' ' y& *■ j I 

whom the horse will be a source of reward is ^ ^'^ ^ ^ 

the one who keeps it in Allah's Cause JI^JU :JlS «&l u jl 

(prepare it for holy battles) and ties it by a y, \L'\ * | li'J 

long rope in a pasture (or a garden) . He will <-^-* fc fc >^ cP" 

get a reward equal to what its long rope J^S* j^*^ ^ * jjj 

allows it to eat in the pasture or the garden, . ,a t. * . , - . / ,^ 

and if that horse breaks its rope and crosses ^ " - 

one or two hills, then all its foot-steps and its ^ cJL/? I Ui <. J-^jj 

dung will be counted as good deeds for its t °- t , - :,r , 

owner ; and if it passes by a river and drinks " ^ ^ <±s ^ " 

from it , then that will also be regarded as a £Ja£ I «J I jij o Ll>- *J cJ 15 

good deed for its owner even if he has had no . - -r- ?. • i \-\ 
f . , -rJ^-i jl U-i c:j.^U UJQ? 

intention of watering it then . Horses are a „ s * > 

shelter from poverty to the second person l$JI ^Jj . <J oLl^- U^Jj'j UjCl 

who keeps horses for earning his living so as * \ $ ' °A o> 1 " * r ^* - tf 

not to ask others, and at the same time he ^ f J ^ ^ m j*~$ 

gives Allah's Right (i.e., Zakat) (from the t^J oLl^- dili jlS" 

wealth he earns through using them in \ ^ ^\J^" * a \ ^JJJ 

trading etc.), and does not overburden - ' J y^ JJ ' ^ > , > " 

them. He who keeps horses just out of \& t ^j J> &\ ^j>- J-^ p p UiiL; j 

pride and for showing off and as a means of +* ^jjj ' ^ ^ ^ 

harming the Muslims , his horses will be a ' - - l-^* J 

source of sins to him." J^^[ ^ >jj ^WjJ ^ ^ g ^ :j 
When Allah's Messenger ^ was asked 



(1) (H. 2371) Horses are kept as a means of conveyance or for commercial purposes. One 
may use them in the way that pleases Allah and gets a reward for his obedience, 
another may use them in disobeying Allah and is consequently punished, and still 
another may use them just for earning his living. (Qastalani) 



42 - THE BOOK OF WATERING 



322 



about donkeys, he replied, "Nothing 
particular was revealed to me regarding 
them except this general unique Verse 
which is applicable to everything : 

'So whosoever does good equal to the 
weight of an atom (or a small ant) , shall see 
it. And whosoever does evil equal to the 
weight of an atom (or a small ant) , shall see 



it'." (1 > 



2372. Narrated Zaid bin Khalid <i>i ^ 
: A man came to Allah's Messenger ^ and 
asked about Al-Luqata (a fallen thing) . The 
Prophet g| said, "Recognise its container 
and its tying material and then make public 
announcement about it for one year and if its 
owner shows up , give it to him ; otherwise use 
it as you like." The man said, "What about a 
lost sheep?" The Prophet ig said, "It is for 
you, your brother or the wolf." (2) The man 
asked "What about a lost camel?" The 
Prophet said, "Why should you take it as 
it has got its water-container (its stomach) 
and its hooves and it can reach the places of 
water and can eat the trees till its owner finds 
it?" (3) 



(13) CHAPTER. The selling of wood and 
grass . 

2373. Narrated Az-Zubair bin Al- 



.Ojj iuj jj> c# 'c*^ 1 

cljif U» :JUi 

^Sfy :siiiJi ii^uji zy\ oli 
iiwr t $<m fc rm 4 yav : 

[VTol 

: J 15 aIp JSbl i?^' 

1 g ^ Lijp ^-p l» : J ULi jj la 3 U I 
jli t kJ* Lg5j^ <• Libels' jj 

)l lU ^» :J15 
SjLii : Jli t«^JiU jl JjL^^y 
«?l«Jj ilJ U» :J15 ?J$I 

[<U :gr\j] .«L^3 UuL^ 

S&ij u^ji 4>L or) 



(1) (H. 2371) This means that if one treats his donkeys kindly and does not overburden 
them, he will be rewarded for that in the Hereafter, and if he does the opposite , he will 
gain the fruit of his ill-behaviour . (Qastalani) 

(2) (H . 2372) It is for you if its owner does not show up , or for its owner if he shows up , or 
for the wolf to eat if you leave it and its owner does not find it . 

(3) (H. 2372) The Prophet forbids the man from taking the lost camel because it can 
stay in the desert for a long period without any danger. It is like a well-provided 
traveller; it can reach its destination. 



42 - THE BOOK OF WATERING otfUiJI uittf it 



323 



jj>y. The Prophet g| said, to! ^ tfLi* t^-4*j 
"No doubt, one had better take a rope (and ^ , ltf . tl ^ fi , 

cut) and tie a bundle of wood and sell it 



4)1 



whereby Allah will keep his face away (from jJ-L d V» : J U ||| 1 1 ^ 
Hell-fire) rather than ask others who may r . > y >\t > > 

give him or not." ^ ^ t>^1 ^ 



,«^J fi ^kpf jti: oi 

2374. Narrated Abu Hurairah ^y. : ^ij ^ Jj^ - YVV 1 

Allah's Messenger ^ said, "No doubt, it is * . . „ ; * ^ 

better for anyone of you to cut a bundle of ^ V* ^ 4 - L ^ 

wood and carry it over his back (and earn his Xs- ^Jy> jJIp ^ ! ^p <. ^ [_^% 

living thereby) rather than to ask somebody \J\ ' ' **\ - ' tf i 

who may or may not give him." (See H. * ^ t>*^\r' 

2074) . J |J : J ^ <i£ 1 \'J{J* 

JLIJ o! a] ^ oJ$> J£ UJi 



^ ^ ^S^*' 



2375. Narrated Husain bin 'All &l ^ j-> p-rfl^l LjJ^- - YVVo 
" : 'All bin Abi Talib ^ <i>l ^5 said , "I got 
a she-camel as my share of the war booty on 
the day (of the battle) of Badr, and Allah's ^1 : Jli 

Messenger ^ gave me another she-camel. I 
let both of them kneel at the door of one of 



the Ansar, intending to carry Idhkhir on them ^1 t < yp ^ 

to sell it and use its price for my wedding " - Um ">« t k , - ' t 

banquet on marrying Fatima . A goldsmith <*f? J ; - ^ 

from Ban! Qainuqa 4 was with me . Hamza bin ^ 4)1 Jj-^j ^ lijLi cJ-^' 

'Abdul-Muttalib was in that house drinking ^ > , ■ jjj Jj 

wine and a lady singer was reciting: ^ J ^ ^ ' ^ 4 ^ f-^ 

'O Hamza! (Kill) the (two) fat old she- U}J U4^U 1 lijli ^ 4)1 

camels (and serve them to your guests) .' ju f U1 \ " L Hp 

So Hamza took his sword and went J ^ ^ ^ * 

towards the two she-camels and cut off their j ajujV I U^Ap J^=*-' t)I 

humps and opened their flanks and took a 
part of their livers." (I said to Ibn Shihab, 



42 - THE BOOK OF WATERING olSUiJI utf iT 



324 



"Did he take part of the humps?" He replied, JlIp lyXJ^j c4_i-Uli 

"He cut off their humps and carried them a , u . > , 

away . ) All <^ 41 further said, When I ' ~ I ' ' + 

saw that dreadful sight , I went to the Prophet o^JLU jl>- L Ml : cJ US c 

5g and told him the news. The Prophet £g| ^*_*J L ' U g Jl 'liS t^lll 

came out in the company of Zaid bin Haritha \ ' ' 0j *^ * J c - -H 

who was with him then , and I , too , went with ^ U-*^? I^i- 'y£j U^i^il I CAS 

them . He went to Hamza and spoke harshly M > ?> , >t - ' - t 

to him. Hamza looked up and said, 'Aren't ST- ' " ' 

you only the slaves of my forefathers?' The Jj : J IS ?^LlJl : 

Prophet M retreated and went out . This > . . . , , , > ■ * 

incident happened before the prohibition of ^ - ^ " 

drinking (alcoholic drinks)." : <J> 4l)1 JIS : t~->l$-i 

- - * 

4j ^^li 4jjL>- ^ Jbj tXj>j Jlgg Ail I 

^PJ ^ 

[W<\ .^iJl 

(14) CHAPTER. The uncultivated pieces of ^Uu&ll (M) 

land (granted by the ruler to some 

individuals)* 

2376. Narrated Anas lii fti ^y. The ^ oLJl^ llli*- - YWn 

Prophet i§ decided to grant a portion of * . 

(the uncultivated land of) Bahrain to the ^ ^ w- ; ^ 

Ansar. The ^4nw said, "(We will not accept 1 — il c..i. ? .^ : J15 Jl^- ^^^4 

it) till you give a similar portion to our \ * - tl - >1 . 

emigrant brothers (from Quraish). He said, ' ^T-^ 

"(Q Ansarl) You will soon see people giving cJUS jj>>^1 ^ ^j;5j jl S|| 

preference to others, so remain patient till you * ° mS i * > Uoi^ I 

meet me (on the Day of Resurrection). ^ ^ -^"j- J 



(1) (H. 2376) This prophecy was a sign of the Prophethood of Allah's Messenger^. It 
came true that the Quraish kings had the source of wealth and power in their hands , 
The Prophet jjg tells the Ansar to be patient and wait for a great reward in the Hereafter 
as a compensation for the pleasures they would miss in this life. 



42 - THE BOOK OF WATERING 



325 



(15) CHAPTER. Documentation of the land 
grants . 

2377. Narrated Anas ilp fti ^j>y. The 
Prophet ^ called the Ansar so as to grant 
them a portion of (the land of) Bahrain . They 
said, "O Allah's Messenger! If you grant this 
to us, write a similar document to our 
Quraish (emigrant) brothers." But the 
Prophet #| did not have enough grants and 
he said, "After me you will see the people 
giving preference (to others), so be patient 
till you meet me." (1) 



(16) CHAPTER. Milking she-camels at 
water places . 

2378. Narrated Abu Hurairah ibi jj>'j : 
The Prophet ^ said , "One of the rights of a 
she-camel is that it should be milked at a 
place of water." 



(17) CHAPTER. One may have the right to 
pass through a garden or to have a share in 
date-palms . 

The Prophet 3g| said, "If somebody sells 
date-palms after pollinating them , their fruits 
will be for him and he has the right to enter 



,rur ,rrvv Aj'jk 

[rv<u 



[rrvi 

e UJi JL^ U^JjIj On) 

j-j ^i^l tlil^ - TWA 

[U«r i^ij] .«*UJI 
j! ^ 3 j^. < w > 

SuJ jii ^1 Jlij 



(1) (Ch. 2377) Perhaps the grants given to the Ansar were land grants or money grants 
from the Jizya tax levied from that land . The Prophet $g could not assign similar grants 
to the emigrants, perhaps because there were not many conquests then. {Qastaldni) 



42 - THE BOOK OF WATERING 



326 



the garden and irrigate the date-palms till he 
reaps the fruits. The owner of Ariya has a 
similar right." 



2379. Narrated 'Abdullah 



Allah's Messenger said, "If somebody 
buys date-palms after they have been 
pollinated, the fruits will belong to the 
seller unless the buyer stipulates the 
contrary. If somebody buys a slave having 
some property, the property will belong to 
the seller unless the buyer stipulates that it 
should belong to him 



2380. Narrated Zaid bin Thabit fti ^ 
ilp: The Prophet ^ permitted selling the 
dates of the 'Araya for ready dates by 
estimating the amount of the former (as 
they are still on the trees) . 



2381 . Narrated Jabir bin 'Abdullah fti ^j>j 
:: The Prophet ^ forbade the sales called 
Al-Mukhabara, Al-Muhaqala and Al- 
Muzabana and the selling of fruits till they 
are free from blights . He forbade the selling 
of the fruits except for money, except the 
Arayd . 



If ^1 ±* Oi If '^W* 

2j to &\ 

M iiu; ^jIj JjuS ju 

.JuiJl ^ ^P t j^P 

Ha; iliii - rrA. 

f ^'j** ^ Cf ^ U If 

Uf*\ & Li m & 

[vwr :er ij] .1^ 



2382. Narrated Abu Hurairah *<S ft I : 
The Prophet £f| allowed the sale of the dates 



^ Ji^ If 

jwLj ^yc>- j^jJl if 3 tijIj^Jl 



42 - THE BOOK OF WATERING o£U*Jl - IX 



327 



of the Arayd for ready dates by estimating the t ^>s^>- ^ SjlS ^ tdLiU l^IU- 

former which should be estimated as less ^Jj\ \ \ y ' \j£ \ " 

than five Awsuq or five Awsuq. (Dawud, the C ^ ^ - ^ 

subnarrator is not sure as to the right :JIS ilp <bl S^JyL ^1 ^ 

amount.) (1) . ..... ' ^ 3 * . 

+AJ>- 0j2 Lk-*3 j^Jjl J^o Lg-s^> jJ>o 

[m . - iiii ^ SjlS 

2383, 2384. Narrated Raff bin Khadij and l£U - YrAi t Yr Ar 

Sahl bin Abl Hathma uj^ 3b i ^fj: Allah's ~'L-I *! l£l>- * ' * 

Messenger ^forbade the sale of Muzabana, ' tlrt 

i.e., selling of fruits for fruits, except in the ^ySr^' * j£ Iji ^3^' t>Sr^ 

case of 'Arayd \ he allowed the owners of *]*^^. M*' LU > > °* > 

'Arayd such kind of sale . * ^ - ^ - ^ 

0* =§l ^' J j-^- 5 o1» :oClU- 



(1) (H. 2382) Since there is doubt about the limits of estimation, less than five Awsuq is 
regarded as the legal amount ; five Awsuq or more is regarded as illegal . (QastalanT) . 



43 - THE BOOK OF LOANS j*JiJ\) Jo\jiUi\ ytf - IX 328 



43 - THE BOOK OF LOANS, PAYMENT 
OF LOANS, FREEZING OF 
PROPERTY, AND BANKRUPTCY. 



(1) CHAPTER. Whoever buys a thing on 
credit and does not have its price or has it, 
but not at the place of the transaction. 

2385 . Narrated Jabir bin 'Abdullah &i ^3 
Up: While I was in the company of the 
Prophet in one of his Ghazawat, he asked, 
"What is wrong with your camel? Will you 
sell it?" I replied in the affirmative and sold it 
to him. When he reached Al-Madlna, I took 
the camel to him in the morning and he paid 
me its price . 



2386. Narrated Al-A'mash: When we 
were with Ibrahim, we talked about 
mortgaging in deals of Salam. Ibrahim 
narrated from Aswad that 'Aishah &i ^3 
l*!* had said, "The Prophet £H bought some 
foodstuff on credit from a Jew and 
mortgaged an iron armour to him." 



(2) CHAPTER. Whoever takes the money of 
the people intending to repay it or to destroy 
it or to spoil it . 

2387. Narrated Abu Hurairah £p %\ ^3 : 
The Prophet said, "Whoever takes the 
money of the people with the intention of 
repaying it, Allah will repay it on his behalf, 
and whoever takes it in order to destroy it , 
then Allah will destroy him." 



Ji^ Cf O) 

tlj I lJ~"T J ' ***** a -LP 
> > > o * a s * wm«aa 

if f^r J* if '5^**^ 

:Jli L>^J> ibl jiil jilp 

ZjlS* : J lis ^ ^jj^ 



OjJcp OJlDI ^Ji llii oljl oLi 

1J Jl>i1 lit # 4ib (Y) 
•j, y_^\ - YVAV 

trf' ^ 0^ Sy if 4< J^ 

CP ill <>fj S^S* ^ ^ tv r4*^ 



43 - THE BOOK OF LOANS JjjjII j±\ >fc*VI ^ - IX 



329 



(3) CHAPTER. Repayment of debts. 

And the Statement of Allah JU; : 
"Verily! Allah commands that you should 
render back the trusts to those , to whom they 
are due ; and that when you judge between 
men, you judge with justice. Verily, how 
excellent is the teaching which He (Allah) 
gives you! Truly, Allah is Ever All-Hearer, 
All-Seer." (V.4 :58) 

2388. Narrated Abu Dhar il£ *&\^^y 
Once, while I was in the company of the 
Prophet he saw the mountain of Uhud 
and said, "I would not like to have this 
mountain turned into gold for me unless 
nothing of it , not even a single Dinar remains 
of it with me for more than three days (i.e. , I 
will spend all of it in Allah's Cause) , except 
that Dinar which I will keep for repaying 
debts." Then he said, "Those who are rich in 
this world would have little reward in the 
Hereafter, except those who spend their 
money here and there (in Allah's Cause), 
and they are few in number." Then he 
ordered me to stay at my place and went 
not far away. I heard a voice and intended to 
go to him but I remembered his order, "Stay 
at your place till I return." On his return I 
asked, "O Allah's Messenger! (What was) 
that noise which I heard?" He said, "Did you 
hear anything?" I said, "Yes." He said, 
"Jibril [Gabriel (f^Ui Up)] came to me and 
said, 'Whoever amongst your followers dies, 
worshipping none along with Allah, will 
enter Paradise.'" I said, "Even if he did 
such and such things (i .e . , even if he stole 
or committed illegal sexual intercourse)" 



Jl^l ^ :JIS J. 
.till «L ! t 1M jjj 

(ju? 5il j&k 

.[OA :.UI] 



- rrAA 

" . Il- >il . - *' \ 

-ij^i >:! ilfi tgg ^ji 



jil jlt>\j tliilij liili JUL 
tS^J tlr*J ^ lT? 'r'Wr? 

JJ I c <u 1 J y/j L : cJL5 ^ L>- 
^jJl o^JJl : <J Li j\ - cJUJ- 



43 - THE BOOK OF LOANS ^Jbtilj jmHj OjgJlt J* 1 J*^ 1 V^f - tr 



330 



He (m) said, "Yes." 



2389. Narrated Abu Hurairah <S ibi ^3 : 
Allah's Messenger £$| said, "If I had gold 
equal to the mountain of Uhud , it would not 
please me that it should remain with me for 
more than three days, except an amount 
which I would keep for repaying debts." 



(4) CHAPTER. To buy camels on credit. 

2390. Narrated Abu Hurairah <S ft! : 
A man demanded his debts from Allah's 
Messenger m in such a rude manner that the 
companions of the Prophet ^ intended to 
harm him , but the Prophet #| said , "Leave 
him, no doubt, for he (the creditor) has a 
right to demand it (harshly) . Buy a camel and 
give it to him ." They said , "The camel that is 
available is older and better than the camel 
he demands." The Prophet ^ said, "Buy it 
and give it to him , for the best among you are 
those who repay their debts handsomely." 



oU ^ ft^l S!>U)I 

J^S Lui 4)L N ihif 

fliS, lis yS :cJ2 

4)1 juIp ^J^- ^jI Jli 

;J15 4)1 Jup 

4)1 J j^jj Jli : J^p <iil ^J>j 
^jj^i U Lii J^-l ji? J jli" 3J» 

[VYTA cliio 

:jJjji r 1 Uii>. - m» 

jl :^p '4)1 VJ£* J\ If 

Jiipli 4)1 J j-ij %>-j 



43 - THE BOOK OF LOANS ^jJbbllj >mIIj JjjJII xldlj Jo\ wtf - If 



331 



(5) CHAPTER. Demanding debts 
handsomely. 

2391. Narrated Hudhaifa & fti I 
heard the Prophet #| saying, "Once a man 
died and was asked, 'What did you use to say 
(or do) (in your lifetime)?' He replied, 'I was 
a businessman and used to give time to the 
rich to repay his debt and (used to) deduct 
part of the debt of the poor.' So he was 
forgiven (his sins.)" 

Abu Mas'ud said, "I heard the same 
(Hadith) from the Prophet |g." 



(6) CHAPTER. Can one give an older 
(camel) than that he owes? 

A man came to the Prophet and 
demanded a camel (the Prophet gjg owed 
him) . Allah's Messenger told his 
companions to give him (a camel). They 
said, "We do not find except an older and 
better camel (than what he demands) ." 

(The Prophet $j£ ordered them to give him 
that camel) . 

The man said, "You have paid me in full 
and may Allah also pay you in full." Allah's 
Messenger ^ said, "Give him, for the best 
amongst the people is he who repays his debts 
in the most handsome manner ." 



(7) CHAPTER. Repaying debts handsomely. 

2393 . Narrated Abu Hurairah iSbi ^5 : 
The Prophet owed a camel of a certain age 
to a man who came to demand it back . The 
Prophet #| ordered his companions to give 
him . They looked for a camel of the same age 



' <•) 
* * 



Vj*. - m< 

<. l/y^ If t ^iLUJi jlp ^p t£JLi 

. J b <U_P 4JU I j AJUXp- v^P 



» j-<J 1 ^p jj->o li 



J li .((<! ^iii t^JLiil /^p t^aj4>-lj 

[Y-VV i^rlj] 
ir* ^ J% > (1) 



<3ui til isiSji ^^vji : <J^\P' 

[Yr-o i^rlj] 

^ 4>L (v) 

til- -.^i jJ! i&i- - yvm" 

c ^uJL» ^jI /^p 1. <uJL» /^p 1. jLjL* 



. J IS *UP 4JU 



43 - THE BOOK OF LOANS jJtil} ^wdlj JjUll « blj ^lyfc**! ytf - iX | 332 



but found nothing but a camel one year ^ ^ ^1 JrjJ olS 

older. The Prophet^ told them to give it to . # ^ , ^, 

him. The man said, "You have paid me in J " * 

full, and may Allah pay you in full." The <d \jJ&*j ^-U aL* I jjllai t«£^kpl» 

Prophet^ said, "The best amongst you is he ^.r ^ ^ 

who pays his debts in the most handsome J 

manner." Jli . c*L &l J^j\ :JUi 

[rr*o i^s-b] 

2394. Narrated Jabir bin *Abdullah ^1^3 LJjb* l&U - mi 

i«41p : I went to the Prophet £jg while he was in . > > > , ^ 

the mosque. (Mis'ar thinks, that Jabir went ^ * * ^ * - ' 

in the forenoon.) The Prophet |g told me to U-J^ ^ Cs*?J 5^1 ^ Cf- 

offer two Rak'dt prayer, and then he repayed . „ > ^ tf fj ^ > . - j ^. 

me the debt he owed me and gave me an ^ J-*J " J ^"^"^ *~"~ J ~' 

extra amount . : J IS o I jl : J ^ ~ J^~*J 1 

(8) CHAPTER. If somebody repays less than ilk- j] \*\ ^ 



what he owes , (and the creditor accepts it) or 
if the creditor exempts the debtor from 
paying (there is no objection) . 



2395. Narrated Jabir bin 'Abdullah %\ ^ :olxi- LiJ>- - VV^o 

U41^ : My father was martyred on the day (of 
the battle) of Uhud, and he was in debt. His 

creditors demanded .their rights persistently. jl dDU Ji ^Ji5 ^1 ^Jb- :Jli 
I went to the Prophet M (and informed him % i , - - , 

about it). He^ld thenrfcy takfe the fruits of ^ J - ^ ^ * 



my gar4eri and ^mrJt^my lather from the l Ug-.t, jj>-ii ^ J? ^ 
debts., but they refused to do so. So, the / 'L/JLJl iLiL 

Prophet m did not give them my garden and ^ ' * ^ 

told me that he would come to me the next ol ^ ^Jl t ^ji>- 

morning . He came to us early in the morning | JuUj " Jai U- ' 9 " i 

and wandered among the date-palms and ^ J^^HJ cr^t ^ 

invoked Allah to bless their fruits. I then J^U- #1 ^ill (H^o ^Ji t I^U 

plucked the dates and paid the creditors , and '^,,r/ - t , . 

blip IjJe t WoLlU- pJJc^* 1 : JIS 3 
there remained some of the dates for us . " - 



43 - THE BOOK OF LOANS ^JbUl^ js?al\j jj-Ull *bij Je\ >fc*VI wltf - iT 



333 



Uo^ J>*Jt ^ cilia* 

^ . Am l£iJL>** aS'^JU U jij ^ 

(9) CHAPTER. It is permissible for one to J iijU J^IS IS} JiL (\) 
settle one's accounts by repaying for the " ' °] °* \ *' m 

dates one owes, dates or other things, and ^ ^? & 

one can repay them without weighing or 
measuring them (if the creditor agrees) . 



2396. Narrated Jabir bin Abdullah ii^j ^ ^JJ* - 1T*\ 

u£z> : When my father died he owed a Jew . , . . * ^ ^ 

thirty Awsuq (of dates) . I requested him to ^ 4 £ ' ^ ' ^ ' - 

give me respite for repaying but he refused . I Jup ^ y t U- ^p tj L^IS ^ <*-Jfcj 
requested Allah's Messenger 5g to intercede >?| ui-p fti - * *| 

with the Jew. Allah's Messenger ^ went to ° * 6jr> " ^ ^ <^T^ ^ 

the Jew and asked him to accept the fruits of J>-^! Ia^3 lS^^ ^ 

my trees in place of the debt but the Jew • ^ 1 (a * l>- > "Jil£ili u2\ ' 
refused. Allah's Messenger $g entered the ^ ^ * _ & 

garden of the date-palms , wandering among 3|§ «3bl p-^* 
the trees and ordered me (saying), "Pluck . > r >; ^ 

(the fruits) and give him his due." So, I * ^ ^ ^ J C*f=* 

plucked the fruits for him after the departure ^jiL «L*J ^ i>-tJ ep^J' 

of Allah's Messenger and gave his thirty V^jj j > - 'ULjJ 'U £j 

Awsuq, and still had seventeen Awsuq extra <-^J ™ ' ^ 

for myself. Jabir said: I went to Allah's i] :^L>J Jli ^ l$i 

Messenger to inform of what had , >sTr 
happened , but found him offenng the Asr * ^ - ' ' J 

prayer. After the Salat (prayer) I told him JU^U ^| 5b I J^-ij ^-j 

about the extra fruits which remained. . ^ «J ^iS.-'M 

Allah's Messenger ^ told me to inform ' ^ ^ ^ 

OUmar) Ibn Al-Khattab about it. When I ^ 4il 6 jLj ^UJ 

went to 'Umar and told him about it , 4 Umar \\^\ \ ''\$ jj U 

said , "When Allah's Messenger walked in *" - r '^ ^ c5 , . 

your garden, I was sure that Allah would :<jUi J,.Xa3U o^^' Uii 
definitely bless it." ^ -'r ' ,t* ; 'i ( - , ' lt I • •? 



43 - THE BOOK OF LOANS j>Jti\} J^oll *bij ^jiZtW - if | 334 



(10) CHAPTER. Whoever seeks refuge with 
Allah from being in debt. 



2397. Narrated 'Aishah Lj_U ft I 
Allah's Messenger £jg used to invoke Allah 
in the Sa/af (prayer) saying, "O Allah, I seek 
refuge with you from all sins, and from being 
in debt ." Someone said, "O Allah's 
Messenger! (I see) very often you seek 
refuge with Allah from being in debt." He 
replied, "If a person is in debt, he tells lies 
when he speaks, and breaks his promises 
when he promises." 



(11) CHAPTER. The funeral Salat (prayer) 
for a dead person in debt . 

2398. Narrated Abu Hurairah & fti : 
The Prophet said, "If someone leaves 
some property, it will be for the inheritors, 
and if he leaves some weak offspring, it will 
be for us to support them." 



2399. Narrated Abu Hurairah 
The Prophet £jg said, "I am closer to the 
believers than their ownselves in this world 
and in the Hereafter , and if you like , you can 
read Allah's Statement : 

' r rhe Prophet is closer to the believers 
than their ownselves . . .' (V .33 :6) 

So, if a true believer dies and leaves 



41)1 c) y^j Ij JL^JLwO Lo j^S" 1 

f> iSi J^Jl 01 :Jli I^yUJl 

. (d^iJL^li JL-Pjj J^JL^li OJU^- 
[ATY i^rlj 

i£ & :3li a ^ ^ & 4* 

^ I£ -jAj ^jjii S/u 

[Y Y *\A i^lj] 
- d tf * ? . *i i . - --°- > 



43 - THE BOOK OF LOANS jJbtilj ja*Mj JjjoII j*\ >fcU-VI wltf - If 



335 



behind some property, it will be for his 
inheritors (from the father's side), and if he 
leaves behind some debt to be paid or needy 
offspring, then they should come to me as I 
am the guardian of the deceased." 



(12) CHAPTER. Procrastination (delay) in 
repaying debts by a wealthy person is 
injustice . 

2400. Narrated Abu Hurairah 
Allah's Messenger 3jjg said, "Procrastination 
(delay) in repaying debts by a wealthy person 
is injustice." 



(13) CHAPTER. The owner of the right has 
the permission to demand his right. 

The Prophet ^said, 'The delay in the 
payment of debt by one who can afford to 
pay, justifies his defamation and torture by 
the lender." Defamation means that the 
lender tells him in public that he has 
delayed the payment. Torture means legal 
imprisonment . 

2401. Narrated Abu Hurairah & ibi ^5 : 
A man came to the Prophet ^ and 
demanded his debts and used harsh words. 
The companions of the Prophet % wanted to 
harm him, but the Prophet 3jg said, "Leave 
him , as the (creditor) (one who has a right) 
has the full right to demand it (or to speak 
harshly)." 



* * 

h')j j*y lJU [1 :^!>Sfl] 

* 

[TT^A ^Ij] . 
fit ^Jl jHo4iL(U) 



[YYAV .-^rljl] 

js^ji ^uj £b or) 



0* 



43 - THE BOOK OF LOANS jJutilj j«hj JjjjJ) ^tf - tX 



336 



(14) CHAPTER. If somebody lends jlIp iJU J^-j ub (U) 

something or sells it on credit or deposits it £ ^ >r ii^'Jl * "Jill 

as a trust, and the new possessor gets ^ ^ ^**^r J J ^ 

bankrupt, the former owner has more right t aj 

than the other creditors to restore that thing 

if he finds it with the bankrupt. 

Al-Hasan said, "If somebody becomes j^5j jJil lil : Jl*j 

bankrupt and he is judged to be so, he is not - lr fc M NK >£. • 

permitted to free his slave or sell or buy ^ " ' * ** 



things." : uLip ^^jJ it^-llJl ^ 

Sa'Id bin Al-Musaiyab said " 'Uthman ; j ^ . 

gave a verdict that if a creditor took ^ <Ji* t*^ if, ^ ^ *^ 

something from the debtor before the latter Jp-I ^Ji <p£ jaj t<J 

was declared bankrupt, it would belong to 

him (i .e . , the other creditors would have no 

right to take it), and if the creditor 

recognized his things, he had more right to 

restore them (than any other creditor) ." 

2402. Narrated Abu Hurairah il* &i : : JUjM l£jt> — Y 1 * Y 

Allah's Messenger ijg said , "If a man finds his 

very things with a bankrupt, he has more 



Cji i^fi^H j^J \£>X>- 



righl; to take them back than anyone else." ^ <y. y) J>J^^ '-^ 

• ^ 5; ^ J** 

(15) CHAPTER. Whoever delayed the JUlt Jj ^J6\ 'JA -y* ujL (\o) 

repayment of debts for a day or so and did " „ u\* <- *\' >: t 

not regard it as procrastination. ~~ \ v ^ 

Jabir said, "When the creditors of my ^ iVay*S\ JcJ>\ Jl*j n 

father demanded their rights persistently, the \ . f . • . i > 

Prophet j|g requested them to take the fruits ^ ^ */ rt*-^" 

of my garden instead of the debt, but they l^iX ul ^ 
refused. So, the Prophet ^ neither gave 



43 - THE BOOK OF LOANS ^Jitflj jaallj Ogjll xblj yfcl ujtf - ir 



337 



them the fruits nor had the fruits plucked for t ^ J (» j^-; 

them, but said, 'I will come to you * . *•* 

tomorrow. He came to us early in the y ~ J J 

morning and invoked Allah to bless the ^ Ipjii j~>- hlip 

garden's fruits, and so I paid the creditors ' " * >>> - ^ n 

their rights." # jJ^JL 

(16) CHAPTER. Whoever sold the property j) JU £l £ <1*L (H) 
of a bankrupt or a poor man and divided the >, , . * «* . ^ ' ■ < > ^ - «>t. 
money amongst the creditors or gave it " " ^ 
(piecemeal) to the man to spend it on his A^aj J&j 

affairs. h^JL>- ' &s>- - Y1»V 

2403 . Narrated Jabir bin 'Abdullah % \ ^ 

: A man pledged that his slave would be ^J^>- LoJL>- : ^jjj j->\ JUj-j 

manumitted after his death. The Prophet 3g , * , t **\-*\\ 

asked, "Who will buy the slave from me?" (1) C- J ^ ^^^Jl 

Nu'aim bin 'Abdullah bought the slave and 1*4^ tlr?^ 4^ if. ji^r If 

the Prophet |g took its price and gave it to » . r ^ . > * > . ' ^ //* . . 

the owner . v ^ ^ ^ 

«?J!* jjjSil i^ 1 

(17) CHAPTER. It is permissible to lend Jil U>y1 la} t^L (W) 
money for a fixed time or sell on credit for a * , >jij .* s.> 
fixed time. ^ ^ ♦ j] 

Ibn 'Umar said concerning loans for a J^i! i y>y^\ ^ }j\ J^j 

fixed time , "There is no objection to it , even , A \ y * v vr 

if the debtor gives more than he owes if the u ^ *^ ^ * 

creditor has not stipulated it." Jlij . JZJjZZ U h* 

'Ata' and 'Amr bin Dinar said, "The Jl * ho ' ^QIp 

lender has no right to demand his money J* ' 1 & Jj**J 

before the due time of payment." . ^ 

2404 . Narrated Abu Hurairah & ftt : ^Jb- : ' J^j - T t • t 
Allah's Messenger ^ mentioned an Israeli ,o£ J| °" " ' ' * \ * " 
man who asked another Israeli to lend him ^ 4 ^ J ^ 
money, and the latter gave it to him for a aIp %\ e^y& ^1 tjiy^ 
fixed period. (Abu Hurairah mentioned the 
rest of the narration.) 



[See chapter: Kafdla in loans and Jc?'j-^i ^ jl^ J-jI^I ^ 



(1) (H. 2403) The man became in need or in debt, so the Prophet £g sold the slave for him 
although he had promised that he would be manumitted after his death . 



43 - THE BOOK OF LOANS ^Jbtf 1$ >utlj £j*ih ottf - tr 



338 



debts. Hadith 2291]. Jil <IJl L^ii ilLJ J I 



(18) CHAPTER. Intercession for the J&\ £^>j ^ APllljl 4>L» OA) 
reduction of debts . 

2405. Narrated Jabir &i ^5 : When : ^ y h$-X>- - Y 1 • o 



'Abdullah (my father) died, he left behind ^ 
children and debts . I asked the lenders to put -j? , 
down some of his debt, but they refused, so I Vrf' ^ ^ CrfJ If 
went to the Prophet M to intercede with > ,r r r ? ' A . 

them, yet they refused. The Prophet ^ said * 

(to me), "Classify your dates into their UaJu \y*~£ ol jd^l ^jL>w?1 ^1 
different kinds: /bn Zazd!, Lean and > > 

each kind separately and call all the '* " J '/T - 

creditors and wait till I come to you." I did iS^IJ :JU$ t IjjU ^II^ 

so, and the Prophet jji came and sat beside , - * i - >0 

the dates and started measuring to each his y* " ' ' - u 

due till he paid them fully, and the amount of tSJL>- ^Lp ^JU^j teJL^- ^Lp jJj 
dates remained as it was before , as if he had 
not touched them . 



<>rj ^ 

[THY :cr lj] .Jjj 

2406. (On another occasion) I took part in ^ ^1 ^ ^jj^j - Y t • *\ 
one of Ghazawat along with the Prophet 2g ■ ^rj . y i£ 

and I was riding one of our camels. The u~*^ ^j^-j ^ 

camel got tired and was lagging behind the y j|| a^j* Qs- <lA>cs 

others . The Prophet hit it on its back .He > > <^r ^ ^ t j ^ ^ 

said, "Sell it to me, and you have the right to ^ >"^^ „ ^ ' \ " 

ride it till Al-Madlna." When we approached : cJUi cJillll UjjS Uli t«oJuJl 
Al-Madina, I took the permission from the > , * . . > , . 

Prophet syg to go to my house, saying, "O ' " ~ 

Allah's Messenger! I am married recently." ?JL>-jy Ui» Jli . ^^ij 

The Prophet jjg asked , "Have you married a . j # ^ j « ^ tli * f " I 

virgin or a matron (a widow or divorcee)?" I ^ * - ' f 

said, "I have married a matron, as 'Abdullah 4 IjLw? l$j\y>- ■^j-'J 5^ ^^-r^ 

(my father) died and left behind daughters t{ £ £ > d > - 
small in their ages, so I married a matron 



43 - THE BOOK OF LOANS ^iirflj jmilj ujjull LjtS - IT I 339 



who may teach them and bring them up with o^-U cLijui* t «*iUif cJt» : J li 
good manners ." The Prophet <gg then said (to >>, 
me) , "Go to your family ." When I went there 
and told my maternal uncle about the selling ^lil JIS ^jJIjj t J-*^' 
of the camel, he admonished me for it. On * fn ' - Vi ^ 

that I told him about its slowness and ^ ^ coL -! ^ 

exhaustion and about what the Prophet 3g ^ ^Lki-U J.^fJ L OjJLp 
had done to the camel and his hitting it. " * , - , • , 

When the Prophet ^arrived, I went to him ' f ^ C J***^ cH* 3 ' 

with the camel in the morning and he gave [I IT :^>-lj] 

me the price of the camel and the camel 
itself, and also my share from the war booty 
as he gave the other people . 

(19) CHAPTER. What is forbidden as JUJI *pU>I ^ U 4*L (H) 
regards wasting money. 

And the Statement of Allah JU: : aSVj^ : j ilj li -A I j 

(V^T ^ ^ ^ miSChief "" ^ [T.o :i>Jl3 <*2K tl 

"... Verily Allah does not set right the [A^ : er J^l ^fxJiS fa ^£ 

work of Al-Mufsidun (the evil-doers, ^flv . Mlii^^ J 3ti, 

corrupters)..." (V.10:81) >-^<7 ^ ^ 

And the Statement of Allah J j1 XA & ol il#S 

"Does your (prayer) command that r n ,/ . 

we give up what our fathers used to worship , ^ x J 

or that we give up doing what we like with our 

Allah ju: also said : ^ tT 7 ^ J ^ 

"And give not unto the foolish your . £j.i>Jl J* Uj 

property..." (V.4:5) 

And to keep away from all these (things), 

and (also) what is forbidden as regards deceit . 

2407. Narrated Ibn 'Umar Uj^ &i j-fj • A lil^ : J>\ &A>- - Yt»V 

man came to the Prophet ^ and said, "I am - ' ' l^o 11 1 ' ' Lli 

often betrayed in bargaining." The Prophet '■---*-?-*-** * J if. , 0* <- - 

3§ advised him, "When you buy something, J lis : J lis U^Ip 4)1 ^^sf j j** jj! 

say (to the seller) , 'No deception'." The man . * * 

used to say so afterwards. ^ L s£ * v 

[mv .^J^ji^ljl^ 



43 - THE BOOK OF LOANS >wdlj JjJJlfl Jo\ ytf - tX 



340 



2408. Narrated Al-Mughfra bin Shu'ba bJjb- :oLUp ^Jb- - Yt»A 

&i : The Prophet £g said, "Allah has ^ - . ' J > f ' t * ' 

forbidden for you (1) to be undutiful to your 4 *^*y ^ 4 ^>^ ^-/ r 

mothers, (2) to bury your daughters alive, (3) ^ caIAJ. ^ S^i-*Jl jl^j 

to not to pay the rights of the poor and others \^ ^ ^ j ^ „ ( 

(e.g. charity) and (4) to beg of men (i.e., ^ ^ 5^^^ 

begging) . And Allah hates for you (1) QU and J p-^p 2b 1 ol » 



Qa/ (sinful and useless talk like backbiting or 



that you talk too much about others) , (2) to ' * ^ 

ask too many questions, (in disputed 1 JS j tJUj JJ ^x) j • 

religious matters), and (3) to waste the nJLJ^Jl L-pL-^I ' tJli-Ljl 

wealth (by extravagance with lack of ' - 

wisdom and thinking) ." [All : ^\ j] 

(20) CHAPTER. A slave is a guardian of the oJiL* JU ^ £lj JlliJl JjL (Y») 

property of his master and he should not use * v , 

it except with the masters permission. ^ * " 

2409. Narrated 'Abdullah bin 'Umar ^ ^1 l£U - Yl^ 

Uj^ -it: I heard Allah's Messenger ^saying, * . a.^ . t ^ * 1/ M 

''Everyone of you is a guardian and " 4 jr*" 

responsible for what is in his custody. The JLp ^ t4»l jlp v^I ^JL- Jfj?^ 

ruler is a guardian of his subjects and . K . . - ~> A . 

, r j » 4j1 ! Li^P -oil £ v^> ; y^P t y -oil 

responsible for them; a husband is a >*> > > 

guardian of his family and is responsible for jJ$S : J 3|| *i I J ^^l* 

it; a lady is a guardian of her husband's house *. Ml . « . . . > , . 

and is responsible for it, and a servant is a y \ ^ ^ y 

guardian of his master's property and is J*r*J\j t fe p 5 if j*j 

responsible for it." I heard that from r' j i*' ^1 

Mali's Messenger ^ and I think that the c — 0* £^-> ~ 

Prophet^ also said, "A man is a guardian of ilelj L^rjj v4? s l/*-^J 

his father's property and is responsible for it ; j ^ ' ' ^ UJ | t L^up " f " ' aJ { ° ' 

so all of you are guardians and responsible - ^ ^ *" ^ 

for your wards and things under your care." • ft ?^3 0^ Jjj-^* >*J ^3 5^*' 

:JLi a ^ 
>*j Jj3 5^' i> J^-^b" 

S > & > s ' s " * * e 

* s ■* > & > 



44 - THE BOOK OF QUARRELS CiUj^I y fcf - U 



341 



44 -THE BOOK OF QUARRELS oU^aiell urfUT - 11 

(1) CHAPTER. What is mentioned about the j^Ui)fl ^ ^1' U ub O) 
people, and quarrels between the Jews and ' *At { >> u ,^^ * u 

the Muslims. ***** t^ 1 W 

2410 . Narrated 'Abdullah bin Mas'ud ^ : JlJ jJ I ^1 - Y i\ • 
ilp iil : I heard a man reciting a Verse (of the > 4(r . > ^ 
Qur'an) but I had heard the Prophet & t*. , ^ ^ [ 
reciting it differently . So , I caught hold of the Jljjl cJU*l :Jli t^^J-l S^-lIi 
man by the hand and took him to Allah's . \ i £ • " ; • ' - 

* ajjj ^i) ] jLtP t l ** i ' 1 ^ .i i i * 1 * ir o n* 1 * *J 

Messenger sg who said, "Both of you are ~~ " ' ~ ^ 

right." Shu'ba, the subnarrator said, "I think t£l ly 

he said to them, "Don't differ, for the 
nations before you differed and perished 
(because of their differences)." liS"^)) : JUS j|j§ <bl J j-lj 4j 

ljiii>-l jl^XS U IS" j^S I jilixJ 
[en fc riV\ : . M^sti^i 

2411. Narrated Abu Hurairah ^ &i : ipjS ^ ( _^J £jl>- - Yl^ 
Two persons, a Muslim and a Jew, „ . „ > > ^ 
quarrelled. The Muslim said, "By Him V* & 

Who gave Muhammad (sg) superiority over J-^-^' **J-1 ^ ^ : 'Ur? 

all the people!" The Jew said, "By Him Who /. . . - e . > * , „ 1 . * , , 

gave Musa [Moses (^^LJi «uU)] superiority -^-^ ^ 

over all the people!" At that the Muslim jij ^^rj villi : J IS aIp 

raised his hand and slapped the Jew on the ;f „ * > „ „ . >. 

face. The Jew went to the Prophet and J ^ v>^^ J, 

informed him of what had happened between ^JLp IjlIaI ^J&^> I ^ JJ I j : ^tjAli I 

him and the Muslim. The Propriety sent for .? ; r " U !l 

the Muslim and asked him about it. The JU * *a^ UJI 

Muslim informed him of the event. The t t ^!JL*Jl Jlp ^^Ij^ ^yilLil 

Prophet said , "Do not give me superiority ^ . * ^ iLlll 1 

over Musa, for on the Day of Resurrection y*** * ' / " 

all the people will fall unconscious and I will ^Jj I ^ 1 vl^iJi . jji yQ 1 
be one of them , but I will be the first to regain 
consciousness, and will see Musa standing 



and holding the side of the Throne (of ^LLlJl 5|| ^1)1 LpIS c^lliJl 
Allah). I will not know whether (Musa) has , «„ > t. + 

also fallen unconscious and got up before ^ ^ 



44 - THE BOOK OF QUARRELS 



342 



me, or Allah has exempted him from that 
stroke." 



2412. Narrated Abu Said Al-Khudri ^ 
\lS 4ii\ : While Allah's Messenger ^£ was 
sitting, a Jew came and said, "O Abul 
Qasim! One of your companions has 
slapped me on my face." The Prophet $jg£ 
asked who that was . He replied that he was 
one of the Ansar. The Prophet |jg sent for 
him, and on his arrival, he asked him 
whether he had beaten the Jew . He (replied 
in the affirmative and) said, "I heard him 
taking an oath in the market saying, 'By Him 
Who gave Musa (Moses) superiority over all 
the human beings.' I said, 'O wicked man! 
(Has Allah given Musa superiority) even over 
Muhammad #|.?' I became furious and 
slapped him over his face." The Prophet 
said, "Do not give a Prophet superiority over 
another, for on the Day of Resurrection all 
the people will fall unconscious ; and I will be 
the first to emerge from the earth , and will 
see Musa standing and holding one of the 
pillars of the Throne . I will not know whether 
Musa has fallen unconscious or the first 
unconsciousness was sufficient for him." (1) 



tfjSf JitL 

JL* d)l5 j\ t ( _ 5 Ui Jjlsli 

[VfcTA t lo\A (10W ilA\T 

: J IS aip iul 

^^rj t^-^tiSl Ul U \ JUS 

«?^» :JUS . ILU^M ly J^-j 
:Jli .jUJSfl ^ J^j Jli 
:J\i :jui t«o^1» 

^qVi°o\ (_5 JJ I j ^al>o (j^JUlj Ou-u- 

cLJ- (jt :cJi * jJLllI ^ 

(j* Jj I j ^Sli ^oLiJl ^ jj3^./r> 
^ ji-> Ul liU ^J>jS\ ilp J-iJo 
t <ji jJOl p-5ljS ^ 2-*jUL 



(1) (H. 2412) This is an allusion to the event where Musa (Moses) fell unconscious on 
wishing to see Allah when he was beside the mountain. (See the Qur'an V. 7 :143) 



44 - THE BOOK OF QUARRELS oU^oiefl yttf it 343 



2413. Narrated Anas Hp &i : A Jew LJji>- : ^J* J* UJL> - Y t >V 

crushed the head of a girl between two > . , . :t • - r . - 

stones . The girl was asked who had crushed ST> J ^ ^ \ 

her head, and some names were mentioned ^ ajjU- {ysj ^jte ^\ : c£ 

before her, and when the name of the Jew ^ -^r . - . * , 

was mentioned , she nodded agreeing . The ' - - °* ' ^ C ^"f^ 

Jew was caught and when he confessed, the ^Jl J5>- ?j^jf j*>UI 
Prophet i§ ordered that his head be crushed 
between two stones . 



i 1AA1 tlAVa tlAVV t lAVn tOY^O 

[lAAo 

(2) CHAPTER , Whoever cancelled the deals 4^i-L) I jJl S j uiU ( Y ) 

done by a weak-minded or an extravagant „ „ , , dj • j i_l _-_%) ! 

person even if the ruler had not assumed v ^ t cJ** J ^ — 

control over his wealth. f^O^ 

Jabir £*. fti narrated that the Prophet jl il£ %\ ji^ *J>^J 

^ rejected the gift of charity (given by a poor ^ JJ, I' $JS\ 

man) before he prohibited him (from giving ^ ^ ' L ^ J> * J *p 

in charity). til : JjJU JlSj . dI^J p 

Malik said , "If a person is in debt and he * , \ t ^ 

has nothing except a slave, it is not • y' J y ' 

permissible for him to manumit the slave." }Aj p <u£pU i^J> <d 



(3) CHAPTER. If somebody sells a thing for >Ju*J&\ JJ> £[>y> ultL (T) 

a weak-minded person and pays him the NL^Lt 1 <uJI £ui '*J3 * 
price, and advised him to utilize it in a C s * ^ — * *** J Cf $J***J 
proper way and not to spoil it, and he spoils j^f ajCa jJu Jlldl jU 4jLL ^ La)Ij 
it, he can stop him from doing so, for the .^. ( ^ . , £ s. ( 

Prophet^ had forbidden the wasting of the - ^^^l^^^ 
property . The Prophet ^ ordered the person : ^Jl (^r^ 

who said that he had always been cheated in . > ^ B ". vt - • 

buying, to say, at the time of the deal, "No • l * " > 

cheating!" The Prophet ^ did not take his . £)L ^ ^1 

money (of the person who sold his slave, 
because he had not proved foolish) . 

2414 . Narrated Ibn £ Umar fti ^ : A ^ liJ JL>- - Y i M 

man was often cheated in buying. The 



44 - THE BOOK OF QUARRELS oU^ax)t y ttf - ££ 



344 



Prophet said to him, "When you buy yjill JUp :J^pU~-I 

something, say (to the seller), 'No .3^ ' > , ^'j- ^ . rj 

cheating'." The man used to say so i " ^ ' * y 

thenceforward . L*4^ I ^fj & 1 cJU^» 

>> > ' ' " ' * 

2415. Narrated Jabir i-p &i : A man : ^ ^-f I* - t i \ o 

manumitted a slave and he had no other t , , t . * > '* 

property than that, so the Prophet 2g ^ ' ^ ; - 

cancelled the manumission (and sold the : <up ijbl ji^r 1 jJ^i3i 

slave for him). Nu'aim bin An-Nahham * t . . r 

. , . . ' " JU J 1J J Ijlp jip! %>-j jl 

bought the slave from him . w * ' 

(4) CHAPTER. The talk of opponents ^ ffj>*i f>i*J1 f**^ 4^ O 



against each other. 



+ 4 



2416, 2417. Narrated 'Abdullah bin : jlL^S - Y1W cti\1 

Mas'ud JIp &i Allah's Messenger |jg *' ■ ' ^ 'l IT M 

said , "Whoever takes a false oath so as to 4 cr** a* LAj -J Ji jr^ 

take the property of a Muslim (illegally) will &1 ^J>j 4il JLp 'Jsf^ ^ 

meet Allah while He will be angry with him ." . , \ ^ A > . _ * 't i~ , 

Al-Ash'ath said: By Allah, that saying & *™ 0\* . Jl* <up 

concerned me. I had common land with a ^p-li Lfci 

Jew, and the Jew later on denied my ^ t A' v * * *\ <jU Lu ,-k : A-j 

ownership, so I took him to the Prophet |g ^ ^ J 

who asked me whether I had a proof of my JUi : J Li . «6LLXp aIJLp 

ownership . When I replied in the negative , ' ... , . '-iti. 

the Prophet tasked the Jew to take an oath. " ^ ^ 

I said , "O Allah's Messenger! He will take an j I i \ J^-j J^Jj 

oath and deprive me of my property." So, ;r ^ ^ f.. '^* tf cr -"-r 

Allah ju; revealed the following Verse: ^ ^ ^ ^j^j 

4 'Verily : those who purchase a small gain : ^ ^ 

at the cost of Allah's Covenant and their * - tl _r 't,- V i *U 

oaths..." (V.3:77) ! JU > = JU ^ ; ^ 

4)1 J^jli t^LL djhJbj ^4r^H 



44 - THE BOOK OF QUARRELS CjUj*ox)I it 



345 



[rrov t rro*\ .[vv 

2418. Narrated 'Abdullah bin Ka'b bin ^ <iil jlp li£U - TUA 

Malik: Ka'b fti ^3 demanded his debt ' ' |^ . 

back from Ibn Abi Hadrad in the mosque and " **** & J 

their voices grew louder till Allah's ^ 41 Jup- j& <><£j*j\ j& c (j-^^i 

Messenger M heard them while he was in /. . „ ^ a / . . / ■ - 

his house. He came out to them raising the v-^; ^ * ^ ; 

curtain of his room and addressed Ka'b, "O LJS ^} If} ^r^^ ^ : ^ 

Ka'b!" Ka'b replied, "Labbaik, O Allah's v £j£- u jl^JUJI * a!JU Jj * 15 

Messenger (He said to him) , "Reduce your * w ° olJ J . ^ — ^ 

debt to half," gesturing with his hand. Ka'b j|| 4)1 J ^4*-^ U^Jlj-^l 

said , "I have done so , O Allah's Messenger!" , . ^ - a i. * * ^ . 

On that the Prophet said to Ibn Abi ^ ^> — ^ J 

Hadrad , "Get up and repay the debt to him ." <, « <lJi5 L » : bi 



fctiii ii^s ^ 

J j-l^ ^ c~L*i All : J is *. JiLSj 1 

[*V0 \£r\j] .«^JlS^» :JIS c4l 

2419. Narrated 'Umar bin Al-Khattab 41 jlp lijli - 

^ iiil r^3: I heard Hisham bin Hakim bin . + .. . • t > > 

Hizam reciting Swraf Al-Furqan in a way v ^ Jr: 

different to that of mine. Allah's Messenger c ^J^Jl ^ 0^ <- ^ Vr 1 

#g had taught it to me (in a different way). 't,- * , T, t 0, 

So, I was about to quarrel with him [during - - ' * ^ " 

the Salat (prayer)] but I waited till he id) I ^UaiJl ^ c-^-w 

finished , then I tied his garment round his cj^ " - 6 ' ' A ~' 

neck and seized him by it and brought him to ^ / ' * 

Allah's Messenger ^ and said , "I have heard ^Js* j IS^aI I 5 j \yu ^ ^ 

him reciting Sural Al-Furqan in a way -.^ A . \ > , - , , r 

different to the way you taught it to me. ' ^ ^ ^' 



The Prophet ordered me to release him ^ aIJLp J>^1 ^*^J ^te) ^ 

and asked Hisham to recite it. When he r « >J, t-<»i 

recited it, Allah's Messenger said, "It was ^ *; r J ^ ^ 
revealed in this way." He then asked me to 
recite it. When I recited it, he said, "It was 
revealed in this way. The Qur'an has been 




44 - THE BOOK OF QUARRELS 



CiU^oitil uj& - it 



346 



revealed in seven different ways, so recite it 
in the way that is easier for you." 



(5) CHAPTER. Turning out the sinners and 
the quarrelsome people of the houses after 
the impropriety of their behaviour gets 
evident. 

'Umar turned Abu Bakr's sister (out of the 
house) for her wailing (over a dead person) . 

2420. Narrated Abu Hurairah fti ^ j : 
The Prophet ^ said , "No doubt , I was about 
to order somebody to pronounce the Iqdma 
of the (compulsory congregational) Salat 
(prayer) and then I would go to the houses 
of those who do not attend the Salat (prayer) 
(in mosque) and burn their houses over 
them. (1) " (See H. 644). 



(6) CHAPTER. To file a case for fulfilling 
the will of the deceased . 

2421. Narrated 'Aishah &i : 'Abd 
bin Zam'a and Sa'd bin Abl Waqqas carried 
the case of their claim of the (ownership) of 
the son of a slave-girl of Zam'a before the 
Prophet M • Sa'd said , "O Allah's 
Messenger! My brother, before his death, 
told me that when I would return (to 
Makkah) , I should search for the son of the 
slave-girl of Zam'a and take him into my 



pi C«iLjU '.J JUS tl^i^sl 

lisU» :Jli <.\yZ iY)\)) :Jj J IS 

u ^yj~\ <up ^j* 

[voo. ^<\v\ 

: J^? tl^ fci -* J ^* U5.i>- - YiY* 

15 tiUlS o^A^aJU jil jl C^lo~fc 
[Mi - (( (^^ lJ/^ S!sLSJI 

ciaj ^^ii (1) 



4>\ jl^ U5l^ - YtY\ 



^ *X*-^J 4-*^>j ^ -UP (1)1 '. L$lP 



(1) (H. 2420) See Iqamat-as-Salat in glossary. 



44 - THE BOOK OF QUARRELS oU^axII ytf - it 



347 



custody as he was his son." 'Abd bin Zam'a 'Jal\ jl c^Ji lil ^U^jl 
said, "He is my brother and the son of the ^ > . 2^ L| „ ^ 

slave-girl of my father, and was born on my J ' ^ ^ ^ J ^ ^ 

father's bed." The Prophet ^ noticed a t^I ol jAj { j>\ :aJJ>} ^ jlp 
resemblance between 'Utba and the boy but t *. * * " . „ . 

he said , "O ' Abd bin Zam< a! You will get this ^ ^ ^ - ^ J* •HJ 

boy, as the son goes to the owner of the bed . L <JLU y*>» : J Us t Zsju LL LglJ> 
You, Sauda , screen yourself from the boy ." > . . - , . * 

(7) CHAPTER. Tying the person who is JjyU ^^ij jl* jijdl uL (V) 
liable to do mischievous things. 



Ibn 'Abbas chained 'Ikrima to teach him 
the Qur'an, the Prophet's Sunna (legal 



ways), and the knowledge of Fard'id (laws - ufi^j^h 
of inheritance) . 

2422 . Narrated Abu Hurairah & %\ ^ : LJ jl>. : ibiS ll^i>- - YiYY 

Allah's Messenger £g| sent horsemen to Najd . | „ „ ^ 

and they arrested and brought a man called ^ ^ a* 1 - 

Thumama bin Uthal, the chief of Yamama, : !j yu 2b I S^a LI 

and they fastened him to one of the pillars of , - * ^ + , > > „ 

the mosque. When Allah's Messenger « ^ Jrf *B J ^ ^ 

came up to him ; he asked, "What have you JLlJ IJuJ- ^ ji^, d>£LiJ 

to say, O Thumama?" He replied "I have i^j ^ j^j" * --^J . £j 

good news, O Muhammad!" Abu Hurairah - y - ' * ^ ° 

narrated the whole narration which ended Jixllil 

with the order of the Prophet H, "Release ' r L i( V . . - r 

him!" (See H. 4372) U>) : J ^ * ^ ^ 

L ^jIp :Jli «?oUJ L iJiLe- 

:JUs duJuiJl ^5Ji t^~>- JuAi 

(8) CHAPTER. Fastening and imprisoning f>^' t5* cr4^b 

in the Haram . " 

Nafi' bin Al-Harith bought a house from d^jUJl JlIp ^L \£'j»$>\ j 

Safwan bin Umaiyya for using it as a prison cs.j ^» ^ „ J^li] f T 

on the condition that the deal would be ^ if- ^ 3*** ; j * 



44 - THE BOOK OF QUARRELS CiWj*siM uiirf it 



348 



confirmed if 'Umar agreed to it , and if 'Umar jlj tiil^ Cs*? J J** ^1 

did not agree to it, Safwan would take four ' - i' > ' > ' . t 

hundred (Dinar). Ibn Az-Zubair imprisoned ' * v ^ jr— ^ j 

(the culprits) in Makkah . ^\ j^>j -jQ^ 

2423 . Narrated Abu Hur air ah ft I ^ j : 4j 1 JLp lii JL^- - Y i Y V 

The Prophet ^ sent some horsemen to Najd ^ > ^ . - > > 

J>j Jl>- I (J Is t, ,-.-,1 1 1 UjJL^ 1 d . *j 

and they arrested and brought a man called ^ 



Thumama bin Uthal from the tribe of Ban! *jtj* ^ : If. 

Hanlfa, and they fastened him to one of the ^ & ^ ^ „ > 

pillars of the mosque . - J ^ * * - 

t J\j I oLij : aJ JUL 

(9) CHAPTER. (The creditor's) pursuit ^jj^UJI J ujL (*) 
(after his debtors) . 

2424. Narrated 'Abdullah bin Ka'b bin : j, ^JJ l&U - Y1Y1 
Malik Al-Ansan on the authority of Ka'b bin ^ , t0 , , ;^ ;« 
Malik & ft! ^ that 'Abdullah bin Abl ^ 5 ^" ^ ' 

Hadrad Al-Aslami owed him some debt . : J Li O^LU I ^ JL>- : o^p J U j 

Ka'b met him and caught hold of him and ^ , . > ^ >i. . ,;s^ 

they started talking and their voices grew ^ ^ t<u ^ J - rAPCr sT*^ 

louder . The Prophet passed by them and ^ 4& 1 Jup t jiy* ^ t>*^^ ' 
addressed Ka'b, pointing out to him to . . * i'*\ft *1U ' °< 

reduce the debt to half. So, Ka'b got half of <j*^<Sj^* ^ Cf, ^ 

the debt and exempted the debtor from the <! j\S iit : <Ip <bl ^i>j diJU ^ 

otherhaIf - ^i^^Uiiji 

^ - 

(10) CHAPTER. Demanding one's debts. 4^ ( W ) 

2425 . Narrated Khabbab ilp fti ^5 : 1 was I^jl^ : (j L^wi uLt>- - Y 1 Y 
a blacksmith in the Pre-Islamic Period of 



<1P -0) 1 ^y^j 



44 - THE BOOK OF QUARRELS oU^cll y - it 349 



Ignorance, and 'As bin Wa'il owed me some 
money. I went to him to demand it, but he 
said to me, "I will not pay you unless you 
reject faith in Muhammad." I replied, "By 
Allah, I will never disbelieve Muhammad ^ 
till Allah let you die and then resurrect you." 
He said , "Then wait till I die and come to life 
again, for then I will be given property and 
offspring and will pay your right." So, this 
revelation came : 

"Have you seen him who disbelieved in 
Our Ayat (this Qur'an and Muhammad 
and said, 'I shall certainly be given wealth 
and children [if I will be alive (again)]/" 
(V. 19:77) 



'o\Sj <uUUJl J, \& : J15 

[Y ♦ <U 



45 - THE BOOK OF AL-LUQATA &£UI ^ o tf " i0 | 350 



45 - THE BOOK OF AL-LUQATA 

(A well-tied pouch or purse or lost things 
picked up by somebody) . 

(1) CHAPTER. When the owner of the 
Luqata informs its description exactly 
(proves that it belongs to him) it should be 
returned to him . 

2426. Narrated Ubai bin Ka'b JIp 2>i : I 
found a purse containing one hundred Dinar. 
So I went to the Prophet ^ (and informed 
him about it), he said, "Make public 
announcement about it for one year." I did 
so, but nobody turned up to claim it, so I 
again went to the Prophet 3R who said, 
"Make public announcement for another 
year." I did, but none turned up to claim 
it. I went to him for the third time and he 
said, "Keep the container and the string 
which is used for its tying and count the 
money it contains, and if its owner comes, 
give it to him; otherwise, utilize it." 

The subnarrator Salama said, "I met him 
(Suwaid, another subnarrator) in Makkah 
and he said, 'I don't know whether Ubai 
made the announcement for three years or 
just one year/" 



(2) CHAPTER. Lost camels. 

2427. Narrated Zaid bin Khalid Al-Juhani 
aIp %\ : A bedouin went to the Prophet 
and asked him about picking up a lost thing. 
The Prophet said , "Make public 
announcement about it for one year. 
Remember the description of its container 
and the string with which it is tied ; and if 
somebody comes and claims it and describes 
it correctly (give it to him) ; otherwise , utilize 



: J Li 



K 1 



jlLi 4jU a^-J? cJLj&\ \ JUa$ 

USjlpj U^Ipj :Jia* cH ; 
a j ' • 

jj>i slu 4*M < Y > 



YiYV 



45 - THE BOOK OF AL-LUQATA £a£UI ^ H UT to 



351 



it." He said, "O Allah's Messenger! What l^LL* o>l p Xll> l$J^>) 

about a lost sheep?" The Prophet^ said, "It +'*\ ^ \ ,. . ,^ 

is for you , for your brother (i.e., its owner) , T; <T - * ^ 

or for the wolf." He further asked, "What c 4) I Jj-^j L :J15 . «LgiiIliU Nlj 

about a lost camel?" On that the face of the : , i r .* a , r 

Prophet 3g became red (with anger) and , >tf V 

said, "You have nothing to do with it, as it 'JJcs ?Jj^ I 5JL^ : J 15 t «^JJJU j\ 

has its feet, its water reserve and can reach a , \ 'a . ...^ "s tl > s „ 

places of water and drink, and eat trees. ^ v ~ * S£T * J 

(3) CHAPTER. Lost sheep. ^1 ujL (V) 

2428. Narrated Yahya: Yazld Maula Al- xS ^ J-eLL-l l£U - Y1YA 
Munba'ith heard Zaid bin Khalid al-Juhanl , - , * . ' > ^ . , 

4^ 4jI saying, The Prophet^ was asked * ; ^ - 
about Luqata. He said, 'Remember the Juji ^i^H if 

description of its container and the string it - * ' jJLsJ ' ju' ' ' *M 

is tied with , and announce it publicly for one , S^-^ " ^ - J 
year.'" Yazld added, "If nobody claims then ^JiiiJl js> «|| ( j J Ill Jii : J yu 
the person who has found it can spend it, and , , , . ' *. » . - 
it is regarded as a trust entrusted to him." -T v ^ 

Yahya said, "I do not know whether the last J yu) Ifi^ p <-^^jj 

sentence were said by the Prophet ^ or by e ( >i <• t t 

Yazid." Zaid further said, "The Prophet^ ^ r °' :Ju ^ 

was asked, 'What about a lost sheep?' The J 15 . oJLp 
Prophet i| said, Take it, for it is for you or . . >f ? M , ' » 

for your brother (i .e . , its owner) or for the ^ ^ - ^ - " ^ " 

wolf.'" Yazld added that it should also be p f ' 444^-" 

announced publicly . The man then asked the G J u * -, - 

Prophet m about a lost camel. The Prophet u ^ ^ ^ ^ - u 

^ said, "Leave it, as it has its feet, water- j\ Ji! ^ LjU UJl^» 

container (reservoir), and it will reach a * , •* , * ' \. 

£ - .„. r . , :ju* w JU) .«*^JjJU .1 wiL^^ 

place of water and eat trees till its owner finds m <' ; - ' - 

it." : j»J ^^d' 

:JU5 :J15 ?Jj>l jJU ^ ciy 



45 - THE BOOK OF AL-LUQATA 3kSt\ ^ ^ ' " 



352 



UJlfj j^i JlAj AlaiUl 



(4) CHAPTER. If the owner of a lost thing is p O 
not found for one year, then the thing is for 
the one who has found it. 

2429. Narrated Zaid bin Khalid &i ^ irt ^ ^ " 
LLS: A man came and asked Allah's 
Messenger s§| about picking a lost thing. 
The Prophet ^ said, "Remember the ^ j-^ 
description of its container and the string it 
is tied with, and make public announcement 
about it for one year . If the owner shows up , j)l J ^1 J^r j : <J ^ ^ 
give it to him; otherwise, do whatever you . . ()) . * fllli ^ 
like with it ."He then asked, "What about a - 

lost sheep?" The Prophet ^ said, "It is for oU aL* Igi^p p t L^Up 

you,foryourbrother(i.e.,itsowner),orfor . -j ^ ^ /, ;U 

the wolf." He further asked, "What about a ^ _ 

lost camel?" The Prophet said, "It is none iU : JU AJLii 

of your concern. It has its water-container ^ ^^'m 4^ 

(reservoir) and its feet , and it will reach water ; 

and drink it and eat the trees till its owner Lfii *? UgJj JjJ U» : J 15 ?Jj^M 

finds it." '.if; * ; , i x \ , 

(5) CHAPTER. If someone finds a piece of J*A\ %J&> J^-j ISI 4 , ^ ^ 

wood or a lash or similar things in the sea . > , . c . * f. » - . t 

o j I lb j I 

2430. Narrated 'Abdur-Rahman bin jtJ^ Jlij - Yir* 
Hurmuz: Abu Hurairah Zz> &i said, 
"Allah's Messenger mentioned an Israeli 
man." Abu Hurairah then told the whole 2b I ^ j i j> mJ * 
narration . (At the end of the narration it was ^ i( , >^ 
mentioned that the creditor) went out to the ~ " " ' °^ ^ 
sea, hoping that a boat might have brought <JL*j . J-Ji^l %>-j 
his money . Suddenly he saw a piece of wood r Vt V - : -u 
and he took it to his house to use as firewood . / f " ^~ ^ 

When he sawed it , he found his money and a U Jl>- U £JL>J L liU aJUj £ l>- 

letter in it . ^ | " ^ " »j ^jjj l ,1^-^ . ^Jj^ ^ 

[SeeHadM No. 2291 for details]. U " J ^ - ' 

(6) CHAPTER. If somebody finds a date on JiJ*^ ^ ^rj ^ 
the way. 



45 - THE BOOK OF AL-LUQATA ^ y 10 



353 



2431. Narrated Anas iiii ^y. The JlL^J \Jj>X>- - YIY^ 



Prophet passed by a date fallen on the way 
and said, "Were I not afraid that it may be 

from a Sadaqa (charity) , I would have eaten aIp ill ^fj ^1 ^ woUUS 
it." 



^ ^1 NjJ» :Jli 

2432. Narrated Abu Hurairah *Ip ill ^3 : bjJ^- : J 15 j - Y 1 VY 



The Prophet |g said, "Sometimes when I 
return home and find a date fallen on my 
bed, I pick it up in order to eat it , but I fear LJAjv- : \^ <. j fjZ> 

that it might be from a Sadaqa (charity) , so I 
throw it." 



^ U-A J^P d y±*J* \jj^>- \ t All ! JUP 

J\S ilaSL* S^llii JL>-U ^1 ^Jl 
. « IfLaJ Is as JL/? j j>3 

(7) CHAPTER. How the Luqata at Makkah Jil il^J ^ ^Ll (V) 

is to be announced. " ?i£a 

Narrated Ibn ' Abbas ujl* 31* i ^y. The ^ : o > 'J^ J^Sj 

Prophet^ said, "Nobody should pick up the ^ ' ^ t U#Jbl ^ 

Lw^flte (lost things) (of Makkah) except the * u ^ ^ y ^ ^ 

one who makes public announcement for it . « I^^p t>* ^ J ^ B 

Ibn 'Abbas said (in another narration) : The . * > * - * i , ' 

V' ^ H^P 'rP tJUL>- JlSj 

Prophet 3ig said, "None should pick up the ^ - ' 

fallen things of Makkah except that who 5H j& ^ urf3 cr*'^' 

announces it publicly." (( ^ ^ ^ «^ ,, '; J ^ 

2433. Narrated Ibn 'Abbas 14^ iui ,>f3 : : If, JL ^' J^j ~ YtYT 

Allah's Messenger ^ also said, "It (i.e., . .s ^ , . ^ , 

Makkah's) thorny bushes should not be - 
uprooted and its game should not be ^XaJ*j> J 

chased, and picking up its fallen things is 



45 - THE BOOK OF AL-LUQATA SUH1\ ^ utf - 16 



354 



Uj jl>- ! ^JL**A >xJjJ I Uj jl>- ; J IS 



illegal except by him who makes public b\ : U-^* <>*?j ^1 

announcement about it , and its grass should > - o > *, . . " ^ 1 S . 

not be cut." 'Abbas said, "O Allah's J ^** i -0^ m ^ Oj^j 

Messenger! Except Idhkhir (a kind of t Uju^? y£ ^ j tt^ilip 

SKr""""* Pr0Phet ^ ^ ^ ^ ^ ^ ^ 

2434. Narrated Abu Hurairah ilp iiii : j- 9 ^ u}J>- - YiVi 

When Allah gave victory to His Messenger ^ 
over the people of Makkah, Allah's 
Messenger $g stood up among the people jtS ^ ^Jb- 
and after glorifying Allah, said, "Allah has 
prohibited fighting in Makkah and has given 
authority to His Messenger and the believers *'Jtj* y} : oli y*J*^\ 

over it, so fighting was illegal for anyone . < %, 

before me , and was made legal for me for a ^ C ^ 
part of a day, and it will not be legal for JuAi ^ f ^ 

anyone after me. Its game should not be , « ' " 
chased, its thorny bushes should not be " tf r ~ ^ ^ 

uprooted, and picking up its fallen things is L^Ip JaL- j JlaJl aX^ J*J^- 
not allowed except for one who makes public ^uj ^ ujij ' ■ VUl aJ ' " 

announcement for it , and he whose relative is * - L ^ J f u^y^ 3 

murdered has the option either to accept a ja apL- JLL-1 tjfi q\£ 

compensation for it or to retaliate." Al- . ** „ %. * - -. *" 

'Abbassaid/Txcept^-Z^/r^orweuseit ^ *>> *b ^ 

in our graves and houses." Allah's Messenger L^j-i ^^^4 *^ 

said, "Except AMdhkhirT Abu Shah, a . . A 3 i - v 

Yemenite, stood up and said, "O Allah's ^ J '^y- * L ^ J 5 ^ ^ 
Messenger! Get it written for me." Allah's l5l :j5^tlJl j^i Ju^i a] Jis 

Messenger ^ said, "Write it for Abu Shah." 
(The sub-narrator asked Al-Auza'i): What 
did he mean by saying, "Get it written, O aJSJj> liii ^->oNl ^1 :^-lliJl 
Allah's Messenger?" He replied, "The - \ r , « . 

speech which he had heard from Allah's ^ ' JUi b ^ 

Messenger^." ji^ - oLi ^1 ^Ui .«>>-Wl 



45 - THE BOOK OF AL-LUQATA IhiM wfctf - 10 



355 



(8) CHAPTER. No animal may be milked Ju jjA LiU JJ&J ^ ujL (A) 

~ ~ ^ * - " * • ♦ 

without the permission of its owner. 

2435. Narrated Ibn £ Umar %\ ^y. jj 41 jlp - Yiro 

Allah's Messenger #| said, "An animal . t > 

should not be milked without the & U ^ 

permission of its owner. Does any of you j^J- ^ 4il JlIp 

like that somebody comes to his store and M ^ . , „ * * 

breaks his container and takes away his food? / * ' J> " J :U^p 

The udders of the animals are the stores of ^JL y ^1 ^i>J 

their owners where their provision is kept, so ' I' \ ~%Z °- ] - ' 1 

nobody should milk the animals of somebody j™^** J 

else, without the permission of its owner." oy*Z Lj^ ^iJUJ? Jiil^ 

(9) CHAPTER. If the owner of lost property j&SUI L^Vp fy £L (*) 
comes back after a year, it should be >-> t* ^ . ?ti ^ 
returned to him as it is a trust with the one ^ • - J ^ ^ 
who has found it. 



2436. Narrated Zaid bin Khalid Al-Juhanl S-jfe. - Y1W 

^ &i ,>f j : A man asked Allah's Messenger „ , „ - 8 . , ^ 

« about theLu^to. He said, "Make public ^ J ^ 4 ^ & d^^l 

announcement of it for one year, then ^Jy* ju^J ^ j^^JtJilp 
remember the description of its container . ^ ( ^ 8 . ; £ 

and the string it is tied with; utilize the " y J ^ 4 - 

money, and if its owner comes back after Jj-ij JL* <L^ :<Ip <bl ^y^j 

that, give it to him." The people asked, "O „ r -f. „ ' . 

Allah's Messenger! What about a lost ^ :Jb ^ ^ f 

sheep?" Allah's Messenger ^ said, "Take p tl^U^j U£l5j tli^l ^ 

it, for it is for you, for your brother, or for the s. *\ ^ ' * 

wolf." The man asked, "O Allah's * ^ ^ ^ ^ °? * 

Messenger! What about a lost camel?" ?pi*Jl <JLs^ c<u1 J^*-j U :JUi 
Allah's Messenger ^ got angry and his 
cheeks or face became red, and said, "You 



356 



45 - THE BOOK OF AL-LUQATA &ulUI ^ ytf - to 



have no concern with it as it has its feet , and u L :J15 . ((l-JJlU j\ 
its water-container, till its owner finds it." , . rr v. p ^. ',r „ . 

u» :jis p - a^-j j\ - 

[<U :^rlj] J^" 
(10) CHAPTER. Should one pick up a fallen &aUI Jb-U 

thing, lest it should be spoilt or taken by ^ . „ UjU-lj ^ 
somebody who does not deserve it? t - r * 



2437. Narrated Suwaid bin Ghafala: jL*_J_i ll*JL>- 

While I was in the company of Salman bin ISS^ 

Rabl'a and Zaid bin Suhan , in one of the holy ^ 

battles , I found a whip . One of them told me aJUp ^ Jb^« 
to drop it , but I refused to do so and said that 
I would give it to its owner if I found him, 




otherwise I would utilize it . On our return we LtV^ oJ^-y tSl^p jU-j-i 

performed #0 and on passing by Al- . " . < tN -ijj t Jf . j ^ 

Madina, I asked Ubal bin Ka'b £p fti ^3 * lt-w ~ ur 

about it. He said, "I found a bag containing a . ^ cJcux^l Nij <lj>-L> ^J^-j 

hundred Dinar in the lifetime of the Prophet < > ° — . , * ^ i . * " " i tf T' 

#g and took it to the Prophet who said to ' ■ J ' ' / , 

me, 'Make public announcement about it for aIp %\ ^J>j ^ cJLli 

one year.' So, I announced it for one year ^ , . , „ % > > » . 

and went to the Prophet who said, ^ ^ cr ^ • j 

'Announce it publicly for another year.' So, ^lll cJlli jbj^ <5U L^i ^ 

I announced it for another year. I went to [A?' 1 Sl° ' [A* '» * J Us 

him again and he said, "Announce for ^j* 3 *• >^ • ^ ^ 

another year." So I announced for still :jULi cJjI ^-j . 

anolher year. I went to the Prophet £g for -j^ - U^^" 7 ' 

the fourth time , and he said , 'Remember the ' - p-" -P" *• 

amount of money, the description of its <. ^Ij>- lf*y*i t«Nj>- 

container and the string it is tied with, and if 
its cwner comes, give it to him; otherwise, 

utilize it.'" l$i>-L> £l>- jli tUUli-jj 

Salama narrated the above narration from . ° » , m, 

Ubal bin Ka'b, adding, "I met the i^^-^ «^ ^ 

subnarrator at Makkah later on, but he did ^1 ^j'j<?*- \ l <J 15 jlilp UjJL>- 
not remember whether Ka'b had announced 



45 - THE BOOK OF AL-LUQ/f i ibiiM ^ ^ to 357 



what he had found for one year or three 
years." 



(11) CHAPTER. Whoever announced the 
Luqata in public and did not hand it over to 
the ruler. 

2438. Narrated Zaid bin Khalid %\ ^ 
<Ip : A bedouin asked the Prophet gg| about 
the Luqata. The Prophet ^ said, "Make 
public announcement about it for one year 
and if then somebody comes and describes 
the container of the Luqata and the string it 
was tied with , (give it to him) ; otherwise , 
spend it." He then asked the Prophet 0, 
about a lost camel . The face of the Prophet 
#| become red and he said, "You have no 
concern with it as it has its water reservoir 
and feet and it will reach water and drink and 
eat trees . Leave it till its owner finds it He 
then asked the Prophet about a lost sheep . 
The Prophet #| said, "It is for you, for your 
brother, or for the wolf." 



(12) CHAPTER: 

2439. Narrated Abu Bakr fti r^j: 
While I was on my way, all of a sudden I saw 
a shepherd driving his sheep, I asked him 
whose servant he was. He replied that he was 
the servant of a man from Quraish , and then 
he mentioned his name and I recognized 
him. I asked, "Do your sheep have some 
milk?" He replied in the affirmative. I said, 
"Are you going to milk for me?" He replied 
in the affirmative . I ordered him and he tied 
the legs of one of the sheep. Then I told him 
to clean the udder (teats) of dust and to 
remove dust off his hands . He removed the 
dust off his hands by clapping his hands . He 




45 - THE BOOK OF AL-LUQATA ^ utfcf - 10 



358 



then milked a little milk. I put the milk for ^^^j* If} J^rj}. : <J^i jH» 

Allans Messenger M in a pot and closed its '* -r . ' > fir »f ~r >. s - r 

mouth with a piece of cloth and poured water - , 

over it till it became cold. I took it to the Ji : ejus t^i : jUa ?j3 -j* 

Prophet 5g and said, "Drink, O Allah's . ? »j : ? j 
Messenger!" He drank it till I was pleased. 

[ovv t r<uv ^r<\*A t noT 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) (JUmJI wtf il 



359 



46 - THE BOOK OF AL-MAZALIM JUmJI ^tS - 11 

(THE OPPRESSIONS) 
Concerning oppressions and unlawful 
taking (of something) by violence. <.^&}\j ^JlkiJI ^ 



And the Statement of Allah JLc: £J££> :^U; 4)1 J^sj 

"Consider not that Allah is unaware of 
that which the Zalimun (polytheists, wrong- 
doers) do , but He gives them respite up to a dP^*?^ pG^St 
Day when the eyes will stare in horror . (They 
will be) hastening forward with necks 




outstretched , their heads raised up (towards ^^—^-Jlj (^^t? 

the sky), their gaze returning not towards * *^ iJLlJl iiilJl * 

them and their hearts empty (from thinking ' ' ^ C^" ^ * pffJJJ 

because of extreme fear) . And warn (O ^i^ 1 ' : ^ ^ <J ^ 

Muhammad 2g|) mankind of the Day when ^\ . . , j.,^ -j^ 

the torment will come unto them ; then the a^T"* • 6 j? p J • ^r* 11 

wrong-doers will say: 'Our Lord! Respite us U^>- 4^K\y* *{rJ$j Xt*^ pt^l 

for a little while, we will answer Your Call * v „ < - . - >/ 

and follow the Messengers!' (It will be said): rC? ^ U ^ 

'Had you not sworn aforetime that you would X^j C/jtf J^ai £>\xJ$ 

not leave (the world for the Hereafter) . And ^ s^*, „ * < ^\ A 

you dwelt in dwellings of men who wronged ^ ^ 

themselves, and it was clear to you how We Jli ^ ^,V^ lj^==£ ^ 

had dealt with them. And We put forth , *> ^ ^ . > < ^ 

(many) parables for you.' Indeed they ^ TO^> ^ ^ 

planned their plot, and their plot was with ^Ij^j ^ j ■■■ *^ \yXJ& oOM ^j.^tl^ ■* 

Allah, though their plot was not such as to , , JjK 1^ -j 

remove the mountains (real mountains or the ^ J - p==» 

Islamic laws) from their places (as it is of no xpj jU^=^ L£$S jSj (^1 JlJuV'l 

importance) (1) . So think not that Allah will ^ ^ ^ ^'jT^ 

fail to keep His Promise to His Messengers . r-^^ u * J f*-*-/^- 4 - 

Certainly Allah is All-Mighty, All- Able of (^JC^U JjJ^ 
Retribution." (V.14:42-47) 

J j J>^> <Ul\ 0\. tAJ^j 

(1) CHAPTER. Retaliation (on the Day of jjlkjl ljL (\) 

Judgement) in cases of oppressions . 



(1) (Ch. 1) It is said in Tafsir Ibn Kathir as regarding this Verse that the Quraish pagans 
plotted against Prophet Muhammad ^ to kill him but they failed and were unable to 
carry out their plot which they plotted. 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ,JUaall ytf - V\ 



360 



2440. Narrated Abu Said Al-Khudri^i ^ JjU^-l liili- - T 1 1 • ^ 
Allah's Messenger^ said, "When the , ^ u ^ . y . 

believers pass safely over (the bridge across) L ' „ f 

Hell, they will be stopped at an arched bridge ^\ teSUS ^ t^l t^^- 

in between Hell and Paradise, where they 1 • ' <, llil 15 JuJl 

will retaliate upon each other for the ^ ^ c ^ - "77 

injustices done among them in the world, 4il J^-j j£ ^ till ^j^Jl 

and when they get purified of all their sins, ^ ,*"|», ;ju ^ 

they will be admitted into Paradise. By Him y r?r~ w . ^ 

in Whose Hands the soul of Muhammad (3H) j U \j £>J 1 S^ali j u 1 

is, everybody will (recognize) his dwelling in ' ^ ^ ' 

Paradise better than he recognizes his ^ yy' # ^ ^ / 

dwelling in this world." ^-gJ jil \ j-t^j ^ lit 

, ^ # i ^ > > > ? > -'i , - 

(2) CHAPTER. The Statement of Allah JU: £j3 vtf <J»I JjS 4>L (Y) 

«... No doubt! The curse of Allah is on the [u £ ^ 

Zalimun (polytheists , oppressors, and the 
wrong-doers) (V.ll:18) 

2441 . Narrated Safwan bin Muhriz Al- j-> ^ yj> Ll?JL>- - 

Mazinl: While I was walking with Ibn 'Umar ^ .j^ * 'LpU^I 

U4^ tti <>?3 holding his hand, a man came in ^ ' f * 

front of us and asked /'What have you heard ^j^l j >^ ^ Oljii toSUi 

from Allah's Messenger about ^4n- ■ ( -M Ul US *Jli 

NajwaT'™ ibn 'Umar u£* &i said, "I ^ V; C ^ - 

heard Allah's Messenger ^ saying, 'Allah J^S^ M <>f J 

will bring a believer near Him and shelter him > . > . - . . -..^ , „r > , 

with His Screen and ask him: Did you ^ ' u 

commit such and such sins? He will say: c^g-^ :JUi ^ 5^ 

Yes , my Lord , Allah will keep on asking him *jj Jjbl ^|» '(3 ^ 3 

till he will confess all his sins and will think ^ ' * ' ^ " J ' 



(1) (Ch. 2441) An-Najwa is confidential talk between Allah and his devotee on the Day of 
judgement. It is a favour from Allah upon His devotee. The HadTtfa explains the word 
clearly. 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) (JUwJI ytf - V\ 



361 



that he is ruined, Allah will say : I did screen £*<h* irtJ^^ 

your sins in the world and I forgive them for ^ <\ <?\jg * ! ^ oC \ * *) 

you today. And then he will be given the ^j** * - 

book (record) of his good deeds. Regarding t [$\ ^> : J j£i ?U5 ^Ji 
disbelievers and hypocrites (their evil acts e .; . >**c * 

will be exposed publicly) and the witnesses y <-f -y ^ ^ 

will say : These are the ones who lied against t U jJ I ^ ^fj^ • O \* 

their Lord. No doubt! The curse of Allah is ... , , u ,rf 

on the Zalimun (polytheists , oppressors and * - v. 

the wrong-doers).'" (V. 11:18) S^JbluJlj yliJl lilj .<JL1^ 

t HAo .[u ^O**^ 

[VoU iVV« 

(3) CHAPTER. A Muslim should not j^UJI plliJl ^JUL ^ (?) 
oppress another Muslim, nor should he ^. > ^ 
hand him over to an oppressor. ' " 

2442. Narrated Abdullah bin 'Umar ^ : J£ ^ ^^JJ iSSoi- - YiiY 
Up 4i : Allah's Messenger « said, "A ' ^ ^> . ^ ^ 
Muslim is a brother of another Muslim, so - - tf , \ 

he should not oppress him, nor should he 4)1 1p ji : o^~M UL> ji 
hand him over to an oppressor. Whoever t . * . k . ^ - 

fulfilled the needs of his brother, Allah will ° * ^ ^ J ^ ^ 

fulfill his needs; whoever brought his pJLiiU :JlS #| 43b I Jj^j 

(Muslim) brother out of a discomfort , Allah . , ^ iiili N JiilL N t JlLti I 

will bring him out of the discomforts of the ^ J c ' " J " ~ ^ 

Day of Resurrection , and whoever screened ^ ill I j 15 t aJ* t 5>- 1>- ^ jl5 

fjd ^ ^ 4111 

(4) CHAPTER. Help your brother whether )1 UJLt ^1 
he is an oppressor or he is an oppressed one . 

(See Hadlth 2444 below). 

2443. NarratedAnasbinMalik^4i^: ^\ j> jUiP l^JLi- - YilV 
Allah's Messenger * said, "Help your ^ ^ ^ . ^ ^ 
brother, whether he is an oppressor or he is ~ \~ 



a Muslim, Allah will screen him on the Day ^. i 
of Resurrection." 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ,JUmJI ytf V\ 



362 



an oppressed one." UUJ* ^>-j ^ ^ 

U> iJUl ^J|i :i§ ?J}\ Jli 

2444. Narrated Anas & &i ^3 : Allah's lil- : Sill l^li- - Till 

Messenger £jg said, "Help your brother, : | ' jul>- °" * ~ 0> 

whether he is an oppressor or he is an ^f^^ ' *" ^ t - r ^ x * 

oppressed one. People asked, "O Allah's :$|§ 4)1 J^lj Jli :J15 ks> %\ 

Messenger! It is all right to help him if he is (( ^ , ^ ^jlt iiU-l 

oppressed , but how should we help him if he ' ~* 



is an oppressor?" The Prophet ^ said, "By o^kSj IJla 1 4)1 j ^ : IjJli 

preventing him from oppressing others." -....r r -. 9 ^r r f,f- 

! J Us : UJ Lb o c-aoo t U jib-* 

- - *. > ^ 

(5) CHAPTER. To help the oppressed. f^lkjl j£ illL (o) 

2445. Narrated Mu'awlya bin Suwaid: I : ^ Lj1>- - Yllo 

heard Al-Bara' bin 'Azib fa jj>'j saying, ^£ * ' *Vl " oLi L!j^ 

"The Prophet ordered us to do seven a* tA r^ 

things and prohibited us from doing seven : Ju j-1 ly> cJLJ* : J li 

other things." Then Al-Bara' mentioned: ^ „ > . . 

(He $g ordered us the following) : ^ J Cf. * jt y-- m -*---" 

1 . To pay a visit to the sick (enquiring about £Lj I U^U : J li l«4^ 
his health), A, , , . , „ ,r 

2. to follow funeral procession, " " ~ ^ 

3. to say to a sneezer, "May Allah be JL^^J j tjjLAJl ^lilj t^^jj^Jl 
Merciful to you" (if he says , 'Praise be to . e r 1 s ,, *^ / 
Allah!'), ^ J > JJ '^ L * JI 

4. to return greetings, j^b 4 t>?^' *?^"b ^jikiJl 

5. to help the oppressed, " ' . 

6. to accept invitations, r 

7. to help others to fulfill their oaths. 
[SeeHadith 5863 and H. 1239] 



2446. Narrated Abu Musail^ fa ^y. The JLlAi LlJjL>- - Y 1 1^ 

Prophet ^ said, "A believer to another . ^L-f \£ds>- * ^UJl 

believer is like a building whose different 4 --^ ^ i0 

parts reinforce each other." The Prophet £jg t>^3 ^ ^ 

then clasped his hands, with the fingers I , - " - B ,i->- tf t. - >a , 

interlaced (while saying that). u 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ,JUmJ1 ukf - il 363 



(6) CHAPTER. To retaliate upon an 
oppressor (by invoking Allah to punish 
him). 

As is referred to in this Statement of 
Allah: 

"Allah does not like that the evil should be 
uttered in public except by him who has been 
wronged . And Allah is Ever All-Hearer, All- 
Knower." (V. 4:148) 

"And those who, when an oppressive 
wrong is done to them, take revenge." 
(V.42 :39) 

Ibrahim said, "They disliked to be 
humiliated, and when they were powerful, 
they would forgive (their oppressors) ." 

(7) CHAPTER. Forgiveness granted by the 
oppressed person . 

As is referred to by the Statement of Allah 
JU;: 

"Whether you (mankind) disclose (by 
good words of thanks) a good deed (done 
to you in the form of a favour by someone) , 
or conceal it, or pardon an evil... verily, 
Allah is Ever Oft-Pardoning, All-Powerful." 
(V. 4:149) 

"The recompense for an evil is an evil like 
thereof, but whoever forgives and makes 
reconciliation, his reward is with Allah; 
Verily, He likes not the Zalimun 
(polytheists , oppressors and wrong-doers). 
And indeed whosoever takes revenge after he 
has suffered wrong, for such there is no way 
(of blame) against them . 

The way (of blame) is only against those 
who oppress men and wrongly rebel in the 
earth without justification ; for such there will 
be a painful torment . 

And verily , whosoever shows patience and 
forgives , that would truly be from the things 



it 44 ^ 

[UA :,UJI] ^ Of £s£ & 

i{J]Ls\ 4*L (v) 

»4r ^t'V ix^^ "Z*' 

\~ ac - O-^ 3 Alu- 

js ^jSj* jsCuJt #j til ouulrt 

.us - 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) (JUaJt ottf - tt 364 



recommended by Allah 

And whomsoever Allah sends astray, for 
him there is no Walt (protector, helper, 
guardian) after Him . And you will see the 
Zalimun (polyt heists , wrong-doers, 
oppressors) when they behold the torment, 
they will say: Is there any way of return (to 
the world)." (V .42:40-44) 

(8) CHAPTER. ^z-Zu/m (oppression) will be oUAt jUill Z>L (A) 
a darkness on the Day of Resurrection. 

"iMl. Narrated Ibn 'Umar U«U %\ ^y. : J~J_# ^ JlL>-I UiJb- - YttV 

The Prophet^ said, "Az-Zulm (oppression) ^ ^ i -j, ^ ^ 
will be a darkness on the Day of ~ J * - - ' 
Resurrection ^ ^ t ^ 4)1 

.«^L53I f£ oUit £LiJl» :Jli 

(9) CHAPTER. One should save oneself S^pS ja *l2hfl 4^ ^> 
from the curse of the oppressed. ^jfcj l 

2448. Narrated Ibn 'Abbas Sbl ^3 : £j L ^~^-: t-iJjLi - 1 1 1 A 
The Prophet ^ sent Mu'adh to Yemen and ^ - . + ^ . . * 
said, "Be afraid, from the curse of the „ ' 
oppressed as there is no screen between his l5 *>J <■ I j Uw^l ^ 
invocation and Allah T ^ *.i 

^ H£ & ^ : ^ ^ CsfJ 
s^S j;U :3l5i J\ liUJ 

5^ tSriJ fjllsujl 

(10) CHAPTER. If the oppressed one JlLp Uki # citf 4»L 
forgives the oppressor, is it necessary to ?j£ ^ ^ 
describe his oppression? ^ - 

2449 . Narrated Abu Hurairah & &i : ^ ^ f Si lL*JL>- - Y 1 1 ^ 



(1) (H. 2448) Allah will respond to his invocation and punish the oppressor sooner or 
later. (Qastaldnl). 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) fJUaJl yUf tl 



365 



Allah's Messenger ^ said, "Whoever has LiJb- : cJi ^1 ^1 LuJb- 
oppressed another person concerning his , , . t ^ ^ 

reputation or anything else, he should beg ^ o* c 

him to forgive him before the Day of 5b! J^ij <3^5 *-J^ ^ ^ 

Resurrection when there will be no money . . ?. ?.r,r. . ' , . 

(to compensate for wrong deeds), but if he " - ^ ^ " ' - e ^ 

has good deeds, those good deeds will be N ol Jl5 p3l iL? iiiiilli jl 

taken from him according to his oppression £j ' ^ * | * " 5 ^ *Lo ' 
which he has done, and if he has no good ^* J J '3 ^j^i 

deeds, the sins of the oppressed person will . olilai jJUL o? ^JU^ J^Lp 

. J^Ai obl^. 
J^pU-^I J 15 :43b I Jut >^ 

y\ J 15 .^jUUI aI^U Jji[ jlS" 

^ i * - -I 4 - 

J** <-£ ' J * 5^ ' 



be loaded on him." 



. J I — . . . : S J „„ ; — »— » t ^5— 1' p — **lj 

[ion : ^1] 

(11) CHAPTER. If the oppressed person *5 <J& ja ilk \l\ JliL (\\) 
forgives the oppressor, he has no right to . ^ . 
back out (of his forgiveness) . 

2450. Narrated 'Aishah \ « • p fti l^J-l : jJjJ* L*o>- - Ylo» 

regarding the explanation of the following , , - . fl > > > . , . „ . * * , ' • - 

Verse: ■ ^ r 1 ^ u ^ : ?» | ^ 

"And if a woman fears cruelty or desertion : 1$1p %\ J^fj LiJlp col 

on her husband's part..." (V .4:128) a * >> .s ~ f - ^\ 

a j- 1*1 1 • *r j • , j\ U-U> if OiU- jl*^ 

A man may dislike his wife and intend to ^ * ^ 

divorce her , so she says to him , "I give up my ' :oJl5 [^YA 

rights, so do not divorce me." The above ^» J^j^ -^j ^J^p ' 

Verse was revealed concerning such a case . ^ ^ ^ jj^ 

i^JULi?- 1 ; J jj2i5 L^ijUj j I ju^j 

(12) CHAPTER. If a person allows another jt ij ^it 4>L Y) 
or permits him (the latter) to have 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ,JUm)I ytf - tl 



366 



something of his right and does not clarify as Hjk *£L 

to how much is that? > it . I s - w * ^ k 

2451. Narrated Sahl bin Sa'd As-Sa'idi " 

Hp 4b i : A drink (milk mixed with water) ji- t JlDL : ^aJ-^J 

was brought to Allah's Messenger who ^ . ^ Lo * * \>- 

drank some of it . A boy was sitting to his V; y** - * ^ 4 * V* f - 

right, and some old men to his left. Allah's J j-^j jt : <up <bl j ^JlpLIJI 

Messenger gjg said to the boy, "Do you allow ^ - r . - 1 \ ^ * , 

me to give the rest of the drink to these ^ " • -i ; ~- - J - 

people?" The boy said, "O Allah's Jtla ^Li\ll ojL~J ^*Ap 
Messenger! I will not give preference to , »T • * . > r* > ? . 

anyone over me to have my share from you ^ ' \ ^ 

(i .e ., to drink the rest of it from which you L N : ^!>UJ I J lis 

have drunk)." So Allah's Messenger #| ' >A ( NJ 11 1 'l > " 

handed the bowl (of drink) to the boy . - ^ ^ 4 ^ °f" J 

[SeeHadith No .2351)]. .y^^lJ^^ : J IS 

(13) CHAPTER. The sin of him who usurps ^ lui ^ ^ jj| t^M 

the land of others . . ot.. 

2452 . Narrated Said bin Zaid & ft 1 ^ j : : j UJ I ^it liii>- - Y 1 Y 
Allah's Messenger £g said , "Whoever usurps . j ^ * . a . ^ . ^ ^ i ■ j 
the land of somebody unjustly, his neck will ' ^J^s ^^T* ^ 
be encircled with seven earths (on the Day of Jlp jl Jup ^jI a^JUs ^3^- 
Resurrection)." .* . ■ . "°^t. 

?o " " " " S 

IjA 43 j£ tlL-i (J^J^l (>? (tit 



2453 . Abu Salama narrated that there was LJjb- : ^iii ^jl - YloV 

a dispute between him and some people 
(about a piece of land). When he told 



*Aishah iibi ^5 about it, she said, "O : <J 15 j^S ^1 ^^^J 

Abu Salama! Avoid taking the land unjustly, {^IZ* Li 



* £ - > 



for the Prophet ^ said , * Whoever usurps <U " U * ^ ' ^ * ^ 

even one span of the land of somebody, his ^lil ^ cJl5 <ul : <uJb- 

neck will be encircled with seven earths (on h x - , t > ' 

the Dayof Resurrection)." ^ <U ' ^ J ^ 



46 - THE BOOK OF AL-MA2ALIM (THE OPPRESSIONS) jJUmJI y - V\ 



367 



^ <y» 4/31 2>li >:Sll 

2454, Narrated Salim's father (i.e., p-LU Llil_>- - Ytofc 

' Abdullah ^ & 1^3): The Prophet said, .^j^^jj * ^ yj^. . ' n 

"Whoever takes a piece of the land of others ' - J * ^ - * * 

unjustly, he will sink down the seven earths i^JU- ^ caIap ^1 L^Jb- 

on the Day of Resurrection ." - ' „ „ K „ * * , 

JU : J15 -cp 4ul j^^j ol 

cfj^ h* ^ y> )] 4^1 

LiJ I ^jj 4j \^JUy?~ 4A>- jJu uLt 

jJi J 15 :^Jl>- jj jj^r y\ J 15 
dLll^pxj J-J t^jjuiJl Ijl* Jui- 

[n<u : ^1] .fjXll 

(14) CHAPTER. If somebody allows another fci ^ Slit ill JjL (U) 



to do something, the permission is valid. 



J 



2455. Narrated Jabala: "We were in Al- ^ &±>- - Vioo 
Madina with some of the Iraqi people, and s> c„ ^ > ^ 
we were struck with drought (famine) and - y > - cr 

Ibn Az-Zubair used to give us dates. Ibn t£Li US Li 15 JI^Jl jil ^^a*? ^ 

'Umar 14U &i ^5 used to pass by us and say, -^^r ^ ( ^* . / ( ^ 

"The Prophet forbade us to eat two dates ^ Jji ^ 

at a time, unless one takes the permission of Uj *J^ m U^I^ <ul Cf^J Crt^ 

one's companions." '„ ^ . \ „ « >. 

a* ^ 3i§ 5»l J^-j ol :Jjaj 

[o*M iTM« tTiA^ : ^l] .oUM 

2456. Narrated Abu Mas ( ud Zi. '&\ ^'y. :jUilJl ^1 L&JL>- - Yi^n 
There was anAnsdn man called Abu Shu'aib e . * ' V I " C * I ' " *i uil^- 
who had a slave butcher . Abu Shu*aib said to ^ ' ^ J* y. 

him, "Prepare a meal sufficient for five ol \}yJLj> ^ <. JJlj ^1 

persons so that I might invite the Prophet " * 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) {JUaJI ottf - « 



368 



£g besides other four persons." Abu Shu'aib : aJ JUj jLi^SM ^ 

had seen the signs of hunger on the face of % ^ ^ jj ^ ^ 

the Prophet ^ and so he invited him. i \ V ~ . 

Another man who was not invited followed j^~*->- fLJ* ^ : V^-^ 

the Prophet ^. The Prophet # said to Abu - - • ' - ^_ «jjg s ?j| J^j 

Shu'aib, u This man has followed us. Do you '^^cr-? ^ ST^ 

* -V him to share the meal?" Abu Shu'aib sit 5^ J j"^ 1 -? 

said, "Yes." , f., -t,-r - •> .t *, > - •*';*'t 



(15) CHAPTER. The Statement of Allah : J\*S &\ J}S uib 0«) 
JU;:"Yet he is the most quarrelsome of the ^ 4 liiil jjt 
opponents..." (V. 2:204) / ^ ' 

2457. Narrated 'Aishah &i The Sp-f ^ ^ " Y ** V 
Prophet M said , "The most hated person to \* c> e r> * ^ , 
Allah is the most quarrelsome person of the ^ ~ s?- y y v 
opponents." 3|t ^1 <.\&* 5«1 <>fj 

[V\AA 

(16) CHAPTER. The sin of a man who JkL J ^U- ji ^1 uib (n) 
quarrels unjustly over something while he " lilii l£ 
knows that he is wrong. , 

2458. Narrated Umm Salama l$1p &l k*i>- - 
che wife of the Prophet jj|g: "Allah's > V r . , - tr 
Messenger si heard some people \ s-> ^ 
quarrelling at the door of his dwelling. He ^ J* <-^^ J* 
came out and said, "I am only a human Ji u > %\ . - tr 
being, and opponents come to me (to settle , / ^ . ^ 

their problems) ; may be someone amongst I j I <o^>- \ ^ I l-Uj j 

you can present his case more eloquently v ^ . • - ^ ^ . - s j 

than the other , whereby I may consider him ^ £~ JJ L ^ >J f 

true and give a verdict in his favour . So , if I <>\ : ^ & I J ^ j ^Sc^ ' ^ 
eive the right of a Muslim to another by ^ > > , > * - - 

mistake , then it is only a portion of (Hell) * ; ^ ^\ 

Fire, he has the option to take or give up <, LSI UJI» : JUd ^IJl 

(before the Day of Resurrection)." ^ ^ - ^.^ 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) jJUmJI ujlrf - V\ 



369 



jllil ^0 UJli <XJ* J^j 

[YUO t VU> tYH^ tl^lV 

(17) CHAPTER. (The sin of) the person ^ ^U- G1 utb (W) 

who, when quarrelling, behaves impudently 
(i.e., by using bad words or false 
accusation) . 



2459 . Narrated 'Abdullah bin 'Amr %\ ^3 :jJI^ ^ Ul^ - Yl*^ 
l4^: The Prophet ^ said, "Whoever has 
(the following) four (characteristics) will be a 

hypocrite, and whoever has one of the toy> ^ 4s\ Xs> j& <. jUJLi 
following four characteristics will have one . . ' . . ^ , „ 

characteristic of hypocrisy until he gives it up . ^-f* ' " ^ ^-^Jj™* a* 

These are: : JU #| ^ Si! ^3 

(1) Whenever he speaks, he tells a lie; U» Li 15 ' <i tf 5 " *"t» 

(2) whenever he makes a promise, he J C ' ' ° ^ ^ ^ ^ C? J 
breaks it; «J cJlS" ^ «JLk>- aJ cJI5 

(3) whenever he makes a covenant, he , r , , . ^ * ?7 . - 
proves treacherous ; ^ - * ^ 

(4) and whenever he quarrels, he behaves lilj tvlii^-l jlp j lilj t^i5 *L>jJ- 
impudently in an evil, insulting manner." 

[See Vo . 1 , Hadith No .33 , 34) . 



(18) CHAPTER* The retaliation of the J^j lij ^IkJl ^UaS t-*L (U) 
oppressed person if he finds the property of 
his oppressor. 



Ibn Sirln said , "The oppressed person can : \y j <. : jjj^ ^ \ J IS j 



take what is equal to the amount taken by the > > * . ^ -> ~y . „ 
oppressor." He then recited: ^HS>* U ^ ^ ^ 

"And if you punish (your enemy, O you .[Hi : J>*Jf] 

believers in the Oneness of Allah), then 
punish them with the like of that with which 
you were afflicted,.." (V. 16:126) 

2460 . Narrated 'Aishah i*-* %\ : Hind : j UJ 1 y\ - Y 1 1 • 

bint 'Utba (Abu Sufyan's wife) came and .j^ » „ ^ ] 

said, "O Allah's Messenger! Abu Sufyan is a ' - ^ Sr^ tLr ^ 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ,JUmJ1 uitf - tt 



370 



miser . Is there any harm if I spend something 
from his property for our children?" He said, 
"There is no harm for you if you feed them 
from it justly and reasonably (with no 
extravagance)." 



aIip c-Jj iZj*[>- icJli Lglp 
LI ul <bl J j-lj L : cJUi 4*^5 

6^ J^ r J^-j 



2461. Narrated 'Uqba bin 'Amir 2ui ^3 
aIp : We said to the Prophet sg, "You send us 
out and it happens that we have to stay with 
such people who do not entertain us. What 
do you think about it?" He said to us, "If you 
stay with some people and they entertain you 
as they should for a guest, accept their 
hospitality, but if they don't do, take the 
right of the guest from them." 



(19) CHAPTER. What is said about sheds. 

And the Prophet along with his 
companions, sat in the shed of Bani Sa'ida. 

2462. Narrated 'Umar ib! ^j>y. When 
Allah took away the soul of His Prophet $gg at 
his death, the Ansar assembled in the shed of 
Bani Sa'ida. I said to Abu Bakr, "Let us go." 
So, we came to them (i.e., to Ansar) at the 
shed of Bam Sa'ida. 

[See Vol 5,Hadlth No .3667, for details]. 



[YYU l^tj] .«.Jj^UJL 

li^ iiil :#t {Jl) :JU 
^-53 ^iJ^ ■ ^ 

[■nrv : 

. JjP La> 4jlJL** 

£>LJLi ^ - YHY 

ft ^ > ^ > o * "* . 



: JU 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) fJUsMil w tf il 371 



(20) CHAPTER. No one should prevent his 
neighbour from fixing a wooden peg in his 
wall. 

2463. Narrated Abu Hurairah <£ &l ^3 : 
Allah's Messenger #| said, "No one should 
prevent his neighbour from fixing a wooden 
peg in his wall." Abu Hurairah &i ^3 
then said (to his companions), "Why do I 
find you averse to it? By Allah , I certainly will 
narrate it to you." 



(21) CHAPTER. Spilling wine on the way. 

2464. Narrated Anas <*. %\ ^5 : 1 was the 
butler of the people in the house of Abu 
Talha, and in those days drinks were 
prepared from dates . Allah's Messenger #| 
ordered somebody to announce that 
alcoholic drinks had been prohibited. Abu 
Talha ordered me to go out and spill the 
wine. I went out and spilled it, and it flowed 
in the streets of Al-Madina. Some people 
said, "Some people were killed and wine was 
still in their stomachs." On that the Divine 
revelation came : 

"Those who believe and do righteous 
good deeds, there is no sin on them for 
what they ate (in the past) . . (V.5 :93) 



[vm ^at* iIayi t nrA 



(TO 



[oiYA 



JLP 



jI^c ^ioi. - Ytnt 



:jlip U^-l .'^^Aj ^jI p-^^l 
Jlii : J Li t Ow^^i JLi 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ,JUmJ1 wtf - V\ 372 



(22) CHAPTER. What is said about the open 
courtyards of houses and sitting in them, 
and sitting on the ways . 

Narrated 'Aishah fti ^'y. Abu Bakr 
got a mosque constructed in front of his 
house and used to offer Salat (prayer) and 
recite the Qur'an there. The women and 
children of the Mushrikun used to encircle 
him and were astonished at his behaviour. 
The Prophet was staying at Makkah 
during those days . 

2465. Narrated Abu Sa'id Al-Khudri ^ 
: The Prophet 21 said, "Beware! Avoid 
sitting on the roads (ways) ." The people said, 
"There is no way out of it as these are our 
sitting places where we have talks." The 
Prophet 3|| said, "If you must sit there, then 
observe the rights of the way." They asked, 
"What are the rights of the way?" He said, 
"They are the lowering of your gazes (on 
seeing what is illegal to look at) , refraining 
from harming people, returning greetings, 
enjoining Al-Ma'ruf (i.e., Islamic 
Monotheism and all that Islam orders one 
to do) and forbidding Al-Munkar (i.e., 
polytheism, disbelief, and all that Islam has 
forbidden)." 



(23) CHAPTER. The digging of wells on the 
ways (is permissible) if they do not cause 
trouble to the people . 

2466. Narrated Abu Hurairah il* fti : 
The Prophet 3g said , "A man felt very thirsty 
while he was on the way, there he came 
across a well. He went down the well, 
quenched his thirst and came out. 



t 00Ar iOoAT iOOA« iHY* . i*;W 

^j^Mj feH 4 1 *-! < YY > 

- > > ' * > 

« £ ft I '! >' — *i\A 

:<3li H ^1 ^ 

:Jli . l$J LlJU^-a LqJJ 

j^- La j MjJLi . «LgJU* Jkj^ 
JLaSj i j^ai2\ ;Jli ^jj^Jl 

["lY Y ^ : J*\] 

fJ 1*1 <5^' ^ *k < Yr > 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ^UmJI utf - V\ 



373 



Meanwhile he saw a dog panting and licking jl : <1p ibl J^fj ^ If 

mud because of excessive thirst. He said to * > * 4)l" J ' ' 

himself, 'This dog is suffering from thirst as I <~ ' J - " - 

did.' So, he went down the well again and i ^ Jl>-y ^^JaiJl aIJLp oLili JiJtL 

filled his shoe with water and watered the * r „ / y ? 

dog. Allah thanked him for that deed and • > 4 C> ^ ^ J ^ 

forgave him. The people said, "O Allah's J Us .^IkiJl J5L 

Messenger! Is there a reward for us in serving „ „ f>, , - 1 ^ ' . -\ > . > * , , 

the animals? He replied: "Yes, there is a ^ C* ^-j- 

reward for serving any animate (living ^ jlS" ^JJl Jio J&£\ 
being)." .\ f , r ^> rr.. - v.- 

[See/MNo.2363]. ^ .\ ^ 

[wr -.^ij . jj" 

(24) CHAPTER. To remove harmful things JH\ iib (Y i) 
from the roads . 



Narrated Abu Hurairah & fti : The 



Prophet said , "To remove harmful things (jiVi JL<J>> ilp ftl 

from the roads is Sadaqa (a charitable act) ." ic- , ,« , . 

(25) CHAPTER. (The permissibility of living a^iill S^ll ^>L (Y*>) 

on) higher places of a house, looking upon 
other houses or not looking upon other 
houses, v/hether these places are on roofs 
or not . 



2467. Narrated Usama bin Zaid & 1 ^5 ^ 4)1 _Lp - YilV 

Uj^ : Once the Prophet £g stood at the top of „ ; - „ . > * , ^ * 



one of the castles (or higher buildings) of Al 



Madina and said, "Do you see what I see? No ^ ^p <. Sj^p ^ 1 l5 j^3^' 

doubt I see the places or spots of Al-Fitan "w- 1 >*' >± , 

(trials and afflictions) amongst your houses ^ , S^ 7 ^ 

as numerous as the spots where rain-drops ^? ^^J»l ^^Lp ^ ^-lll 

fall (during a heavy rain). ; / : ^ . ^ ".j 

jtJJj^-j J*>L>- j^jJl 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ,JUmJI UgS V\ 



374 



>i i 



2468. Narrated 'Abdullah bin ' Abbas ^ : ^ ^ ttJli- - YHA 

U^^iiIhadbeeneagertoask'Umaribi^^ ^ . ^ ^ f . t^jLl LJjl^ 
^ about the two ladies from among the wives ^ ^ ^ - 

of the Prophet ^ regarding whom Allah said JlIp <3b I j£p tyS^""' * 
(in the Qur'an saying) : "If you two (wives of 
the Prophet jgg namely 'Aishah hand Hafsa 

U«!p 4b i ^3) turn in repentance to Allah (it Jjl : Jli 2>' t>^5 cr"^ 

will be better for you) , your hearts are indeed > A . "tt-t *f \- T* 

so inclined (to oppose what the Prophet £g - ^ ' 

likes) . . ." (V .66 :4) , till I performed the Hajj #| jil^Jl 
along with 'Urnar. (And on our way back . £j . ^ ^ 

from Hajj) he went aside (to answer the call - * u 

of nature) and I also went aside along with [i ^LSsj^ cJc^ jii 

him: carrying a tumbler of water . When he > \- - v - ' *" > • - ' 

had answered the call of nature and 

returned , I poured water on his hands from ^Js> cJ5^ *L>- ^J*- 

the tumbler and he performed ablution. I , > fir f « - 

said, "O chief of the believers!" Who were - ^ j~ ~? s lT? ~ - 

the two ladies from among the wives of the oUl^Ul ij~r»y>^\ 

Prophet m to whom Allah > said: ^ j ^ # ,?j 

'If you two (wives of the Prophet jg * u ^ *** ^ Sy 

namely 'Aishah and Hafsa u*!* 

turn in repentance to Allah , (it will be better ^ ^ • J ?4 [^3 $ : ' ' 

for you), your hearts are indeed so inclined ' f / \ ^ > 
(to oppose what the Prophet £j| likes) . . " p . I^ojl^j <. jj\ 

(V.66:4) He said, "I am astonished at your . j >i > - ^ ^ > - > " rj-^ ^ 
question, O Ibn 'Abbas. They were 'Aishah * -**J*~i ^ 
and Hafsa [^S <1ii ^ j." Then 'Umarwent on 

relating the narration and said, "I and an t^- • "^A 
v4mflrf neighbour of mine from BaniUmaiyya ^ ~ ^ s?-- 7 ^- ^ - sr^ 
bin Zaid who used to live in 'Await Al- ^Xh' 4 5^^' 

Madina, used to visit the Prophet ^ in turns. 
He used to go one day, and I another day. 
When I went, I would bring him the news of tiUi j*>- y> i2>- cJy liU . U^j 
what had happened that day regarding the v: ,r. r .C, . - t . 

instructions and orders, and when he went, u ^ ^ *1* -i ^ * / o 
he used to do the same for me. We, the J^-j* 'jJiJJ> U-S^j t^JLL* 

people of Quraish, used to have authority ?^ [^sj\ u, " V-*;\ I 

over women, but when we came to live with - - 

the Ansar, we noticed that the Ansari women UjLJ J^lai ^jLJ ^ ^.Ut ^ ^ 
had the upperhand over their men, so our t ^ !Vr, , . -t • ' * ^ f- 
women started acquiring the habits of the - " ; ^ " 



46 - THE BOOK OF AL-MA7AUM (THE OPPRESSIONS) {JUmJI UsS 11 



375 



Ansari women . Once I shouted at my wife 
and she shouted back at me in return and I 
disliked that she should answer me back. She 
said , 'Why do you take it ill that I retort upon 
you? By Allah, the wives of the Prophet ^ 
retort upon him , and some of them may not 
speak with him for the whole day till night.' 
What she said scared me and I said to her, 
'Whoever amongst them does so, will be a 
great loser.' Then I dressed myself and went 
to Hafsa and asked her, 'Does any of you 
keep Allah's Messenger angry all the day long 
till night?' She replied in the affirmative. I 
said, 'She is a ruined losing person (and will 
never have success)! Doesn't she fear that 
Allah may get angry for the anger of Allah's 
Messenger ^ and thus she will be ruined? 
Don't ask Allah's Messenger gggg too many 
things , and don't retort upon him in any case , 
and don't desert him. Demand from me 
whatever you like , and don't be tempted to 
imitate your neighbour (i.e., 'Aishah) in her 
behavior towards the Prophet ^), for she 
(i.e., 'Aishah) is more beautiful than you, 
and more beloved to Allah's Messenger sg\ 
In those days it was rumoured that Ghassan, 
(a tribe living in Sham) was getting prepared 
their horses to invade us. My companion 
went (to the Prophet gg) on the day of his 
turn, went and returned to us at night and 
knocked at my door violently, asking whether 
I was sleeping. I was scared (by the hard 
knocking) and came out to him. He said that 
a great thing had happened. I asked him: 
'What is it? Have Ghassan come?' He replied 
that it was worse and more serious than that, 
and added that Allah's Messenger had 
divorced all his wives. I said, 'Hafsa is a 
ruined loser! I expected that it would happen 
some day.' So I dressed myself and offered 
the Fajr (prayer) with the Prophet |g . Then 
the Prophet entered an upper room and 



r 



Is 

till IJb Lo ^jJ^J tAj^A^ 

jllp j! LjJL>tJ lis j — Ltjlp Jujj 

L j*j> i^yM ' £Llp ^tj* ^i°y 
<lSyki p! : J li j t Iju Jui 



pip] JJ t \ :JU ?0L!i 
. opLJ ^ 41)1 Jj— j jit t JJhWIj 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) fJUWI ytf - 11 376 



stayed there alone. I went to Hafsa and a3 J>-^i ^ 

found her weeping. I asked her, 'Why are L \'\^ JJ^J^ t J"- lj 

you weeping? Didn't I warn you? Have ^ ^ ^ 

Allah's Messenger ^ divorced you all?' She j\ ^d)j£ U : cJLa ijL" ^ liU 

replied, 'I don't know. He is there in the ^ 3 , f j 

upper room.' I then went out and came to the - -r- cr - ^ cr- p 

pulpit and found a group of people around it li y» t ^jSI N : cJli ?^ 

and some of them were weeping. Then I sat r ^. llJl <Ai>J - 8 ' *' ' Z*JL*}\ 
with them for some time, but could not ^* ^^^r* * 

endure the situation . So , I went to the upper oJJb^i p&^> j 
room where the Prophet M was and >, r > t , -Tr <si 1, 
requested to a black slave of his : 'Will you - ^ r tf ~ 

get the permission of (Allah's Messenger) for cJUi l$J y» ^1 ZjJui\ 

'Umar (to enter)?' The slave went in, talked *?>r - ^> t . .t-», 
to the Prophet jg| about it and came out \ u > . 

saying, 'I mentioned you to him but he did <J *iJL^i : JUs p j|§ ^iJl 

not reply.' So , I went and sat with the people 
who were sitting by the pulpit, but I could not 
bear the situation , so I went to the slave again 
and said: 'Will you get the permission for 
'Umar?' He went in and brought the same 

reply as before . When I was leaving , behold , iaXj 1 ^ cJLl>ci 
the slave called me saying, 'Allah's > f ,ii it • tl , 
Messenger has granted you permission/ - . \ ^ >' , 

So, I entered upon the Prophet jjji and saw - ^LJ jilill : cJUa ^^UJl oi>J 
him lying on a mat without bedding on it , and ^ ^ - v Jjy _ ^ -<j] 
the mat had left its mark on the body of the ^ * j**** ^ m j ^ y ^ 

Prophet gfg, and he was leaning on a leather J ^ij JjU jSl : Jli ^ j^ju ^%Jl 
pillow stuffed with palm fibres. I greeted him ^ ^ _ ^ 

and while still standing, I said: 'Have you ~ \ '~ " J ' 

divorced your wives?' He raised his eyes to <ul^ JJJ j^^- JUj ^Jis^ 
me and replied in the negative. And then AT *u -ft ^ 

while still standing, I said chattingly: 'Will * ; -r -r cr ..j 

you heed what I say, O Allah's Messenger! U^J^- ^Sl ^ j ^JLp 
We , the people of Quraish used to have the ,rf - > \l $1 > of^r , 

upper hand over our women (wives), and r 
when we came to the people whose women *j*^> t ?li^LJ cJiJLt : ^15 

had the upper hand over them,...' " 'Umar * tl . > ?i v , " tl- r ^ tl 

Jli bl« cJLa J c i ; J t -Jl 
told the whole story (about his wife). "On r ^ r * 

that the Prophet ^ smiled." 'Umar further j$ 1 4Ajl 3 j^j k : cr^^^ 

said, "I then said, 'I went to Hafsa and said 

to her : Do not be tempted to imitate your 




L^id t£l**jJl v^JjO {J~iJ* l^Sj 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ,JUm11 wtf 11 377 



companion ('Aishah) for she is more 
beautiful than you and more beloved to the 
Prophet The Prophet £g smiled again. 
When I saw him smiling, I sat down and cast 
a glance at the room, and by Allah, I couldn't 
see anything of importance but three hides . I 
said (to Allah's Messenger £g) 'Invoke Allah 
to make your followers prosperous for the 
Persians and the Byzantines have been made 
prosperous and given worldly luxuries, 
though they do not worship Allah?' The 
Prophet #| was leaning then (and on hearing 
my speech he sat straight) and said, 'O Ibn 
Al-Khattab! Do you have any doubt (that the 
Hereafter is better than this world)? These 
people have been given rewards of their good 
deeds in this world only.' I asked the Prophet 
iH, 'Please ask Allah's Forgiveness for me.' 
The Prophet #| did not go to his wives 
because of the secret which Hafsa had 
disclosed to 'Aishah and he said that he 
would not go to his wives for one month as he 
was angry with them when Allah admonished 
him (for his oath that he would not approach 
Maria). When twenty-nine days had passed, 
the Prophet #| went to 'Aishah first of all. 
She said to him , 'You took an oath that you 
would not come to us for one month, and 
today only twenty-nine days have passed, as I 
have been counting them day by day.' The 
Prophet 3g said, The month is also of 
twenty-nine days.' That month consisted of 
twenty-nine days. 'Aishah said, 'When the 
Divine Revelation of "choice" was revealed, 
the Prophet started with me , saying to me , 
'I am telling you something, but you needn't 
hurry to give the reply till you consult your 



jj fi .m ^ ^ 



( ^JU J^ll Ut U» :JU 

Jj>-i Ojj~*&j P-^i ^* , < /7a 

^Ul jUi . Ijie- LaJlc-I 5JLJ ^J^AfJ 



(1) (H. 2468) The Prophet was alone with Maria on the day that was devoted to 
'Aishah . When Hafsa learned that , the Prophet #| told her to keep that as a secret and 
promised that he would not come near Maria. But Hafsa disclosed the secret to 
'Aishah who got angry and then provoked the Prophet si who took an oath that he 
would desert her for one month . 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ^UmJI y bf in 



378 



parents.' 'Aishah knew that her parents 
would not advise her to part with the 
Prophet The Prophet ^ said that Allah 
had said : 'O Prophet (Muhammad Say 
to your wives., (up to)., an enormous 
reward/ (V. 33:28) 'Aishah said, 'Am I to 
consult my parents about this? I indeed 
prefer Allah, His Messenger ig, and the 
home of the Hereafter/ After that the 
Prophet gave the choice to his other 
wives and they also gave the same reply as 
'Aishah did." 



2469. Narrated Anas i-p &i ^y. Allah's 
Messenger took an oath that he would not 
go to his wives for one month as his foot had 
been sprained . He stayed in an upper room 
when 'Umar went to him and said, "Have 
you divorced your wives?" He said , "No , but 
I have taken an oath that I would not go to 
them for one month ." The Prophet ^ stayed 
there for twenty-nine days, and then came 
down and went to his wives . 



(26) CHAPTER. Whoever tied his camel at 
the pavement (of the mosque) or at the gate 
of the mosque . 

2470. Narrated Jabir i-p <fei The 
Prophet $ig entered the mosque , and I , too , 
went there after tying the camel at the 
pavement of the mosque. I said (to the 
Prophet £g), "This is your camel." He came 
out and started examining the camel and 



cJli 

:J13 ft I Jl» : J Li 
lJUb jfr :ois .[Y^-YA :^t^Sh] 

cJl5j I ^g-i 4jLJ t>? ^ 5^1 J 
— j oJlUpI :<3Ui 

[rVA ^Ij] .45LJ JLp J^-jlS 

^ 4*M (Yn) 

lil^ l^Jb- - YiV« 

( * 5 >- ill I J5^£lJ I Jl I lJ jl>- : J>^- I 
4)1 jlp j^jI ^jL?- oil : cJ IS 
£g iil jiS L4I^ iil 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) flUaJ! ujtf - n 



379 



said, "Both the camel and its price are for 
you ." 



(27) CHAPTER. Standing and urinating at 
the dumps of some people. 

2471 . Narrated Hudhaifa *Ip %\ : I saw 
Allah's Messenger £g coming (or the Prophet 
3i§ came) to the dumps of some people and 
urinated there while standing . 



(28) CHAPTER. (The reward of him) who 
removes a branch of a tree or any other thing 
which harms the people from the way . 



2472. Narrated Abu Hurairah *<J> <bi 



Allah's Messenger said , "While a man was 
on the way, he found a thorny branch of a 
tree there on the way and removed it . Allah 
thanked him for that deed and forgave him." 



(29) CHAPTER. When there is a dispute 
about a public way and the owner of the land 
wishes to build (something) , he should leave 
seven cubits for the people to pass through. 



2473. Narrated Abu Hurairah Hp %\ : 
The Prophet judged that seven cubits 
should be left as a public way when there was 



\XX J»}0 <Lw>rL; 

Ju^Jlj ^ilD) :Jli t J^JL 
[tir .«iU 
jlIp J>JIj 4ib (YV) 

tjjjllo ^P t 4li*i ^P 

[YYi l^lj] . Lwli Jli 
U, ,^UJ| i£t & (YA) 

£ 4il HijU- - YiVY 

:<3li jg|j 4il 'Si ft I 

[toY i^ij] 

^ LL : li- - Yivr 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ,JUaJI wtf V\ 



380 



a dispute about the land . <. o ji- t ^ I 

. 5*™! <Jij^' 

(30) CHAPTER. Robbing (taking away *r^U> jil ^ 
somebody's property publicly by forc*^ 
without his permission) . 

'Ubada said, "We gave the Bai'a (pledge) b\ #| tl~t> :sSLp Jlij 

to the Prophet jg| that we would not commit ^*£; ^ 

robbery." f _ ' 

2474. Narrated 'Abdullah bin Yazid Al- ^) & fST llili - T£V1 

Ansari: The Prophet forbade robbery , ' a * , > , . , , 

r -■ -o /CJLp UjJI>- . <u*— UjJI>- *,r jlj1 

(taking away what belongs to others by force u ' - " * V v 

without their permission), and also forbade ^ <bl alp : c^»lj 

mutilation (or maiming) of bodies . *f >t * 1 - -Vn 

[00U 

2475. Narrated Abu Hurairah ^ iii ^> j : jj* y> LoO^- - YlVo 
The Prophet $jg said, "When an adulterer ' 1 ^ tf . i Aw ^ . 'u- 
commits illegal sexual intercourse, then he is u ~ - 4? 

not a believer at the time he is committing it, jIp ^ ^1 <. ^Lg-^ ^ 

and when a drinker of an alcoholic liquor K . " \ * * ' \ . s., 

drinks it , then he is not a believer at the time ^ J y y * 

of drinking it, and when a thief steals, then ^» :#| 5b I J jLj Jli ijli 4i 

he is not a believer at the time of stealing, * % > ^ r .^^ 

and when a robber robs, and the people look ^ J ^ ^ T a ^ 

at him, then he is not a believer at the time of y*J <-?'j^t 



committing robbery . 



^1 ^pj 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) jJUmJI ujltf V\ 



381 




: ^JaJl] . jUjil Ju^-J t4j^9 £jJJ 

[nA^ • cIVVT t 00VA 

(31) CHAPTER. The breaking of the cross jiSj V -,l£JI ^1? 4*L; (n) 
and the killing of the pigs. 

2476. Narrated Abu Hurairah ilp iiil : Jut- 
Allah's Messenger $g said, "The Hour will 
not be established until the son of Mary [i.e., 
'Iesa (Jesus) ^>Ui Up) descends amongst you 
and will judge mankind justly by the Law of 
the Qur'an (as a just ruler) ; he will break the 
cross, kill the pigs, and abolish the Jizya 
tax* 1 - 1 . Money will be in abundance so that 
nobody will accept it (as charitable gifts)." 
(See H. 2222) 'jl'j^^ J^J 

[See Fath Al-Bdri] M s 'ti'ti u ' 

* ^r^" juji ^y>*-)\ 

(32) CHAPTER. (Is it permissible) to break ^Jl 3^ ( rY ^ 
the pots containing wine, or tear the leather » ^ ? "15-J1 r ' "t U^Jl U-i 
containers holding wine? If one breaks an J * ^ ^^T* * 

idol, across, or a drum (for amusement), or U j] j\ $ Uiu> 

any other thing, the wood of which is useless A \^ Ij g j ^ 

(should one give a compensation)? ^ " ^ S 

A case of a drum broken by somebody was ^15 ^5 jjZb ^ ^fj^ CJ^J 
presented to Shuraih who did not impose a * • * <J * 

compensation on the person who had broken ' ^^^1 ^ ^f^' 

it. 

2477 . Narrated Salama bin Al-Akwa' U ^1 liili- - Y 1VV 
J[p iiil : On the day (the battle) of Khaibar the 
Prophet 3jg saw fires being lighted . He asked , 



"Why are these fires being lighted?" The ill ^ illi 



people replied that they were cooking the 
meat of donkeys . He 3g| said, "Break the pots 
and throw away their contents." The people o-La Sky ^ *>U» : J 15 . 



(1) (H. 2476) The Jizya is a tax imposed on non-Muslims who would keep their own 
religion rather than embrace Islam, this will not be accepted by Tesa (Jesus) ^^LJ\ u*, 
but all people will be required to embrace Islam and there will be no other alternative . 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) (JUmJI cjtf - 



382 



said , " Shall we throw away their contents and t 1 JJ^ I J^li- : I^J 15 (( ? <j I^J I 
wash the pots (rather than break them)?" He j ' ^ > , 
said, "Wash them." ""Jjj^ ^ u 

:JLi ^L^-L-Ji, LfLj^j 

ulS" :<lil x* JJ . «lJLil» 

totav t mi ijJiji] .4-.— JSfi 
[ia<u t im iiua 



2478. Narrated 'Abdullah bin Mas'ud xJ> j> t£U - Y1VA 

: The Prophet entered Makkah and 
(at that time) there were three hundred and 

sixty idols around the Ka'bah. He started 4 j^JU ^p cJlaUc^ ^p <-^>> 
stabbing the idols with a stick he had in his n ' , > • „ A . . „ 

hand and reciting : ^ v ' - ^ 

"And say Truth (i.e., Islamic Jj^j 4^ j|§ ^III jiS :J15 

Monotheism or this Qur'an or Jihad against 'i^J \j£ j - "'ui^i c-Ul 
polytheists) has come and Batil (falsehood, ' ' ^ - " -• 

i.e., Satan or polytheism) has vanished." : J^rj ^oJu ^ U^*^ 

(V. 17:81) ; r.. — - 4- u & v 



^p <. i j r & Lp ^jj j j-J ! Lj Jj>- . j- 



2479. Narrated Al-Qasim : 'Aishah ibi ^ ^ p-^l^l ^Jb* - YiV<\ 
i^Ip said that she hung a curtain decorated 
with pictures on a cupboard . The Prophet 3§g 
tore that curtain and she turned it into two Cx^^J ' ^ if c ^ 5^ ' 

cushions which remained in the house for the \ * . . , . ? » - , - 1 , 

Prophet jg to sit on. ^ 7 f T ^ 

AXa oJu>Jli <S|| ^Ui ASo^i JJUJ 

t oaoo t o<\o£ . U^JlP 

(33) CHAPTER. (What is said about) one 4JU JilS 4»L (rr) 
who fights to protect his property? 



2480. Narrated ' Abdullah bin l Amr^\ ^ 
I heard the Prophet $g saying, 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) ,JUmJI yfef V\ 



383 



"Whoever is killed while protecting his jj\ y> - ju^o l5jl>- ; jujJ 

property, then he is a martyr." " . • Vn n : 5 - *t 

Oj*- jII I ^Ju^ : J Ls - cjjj 1 

oJLJ> :Jli L>4^ 
j& aJU jji Ja :J^j j|§ 



(34) CHAPTER. If a person breaks a wooden Uli j\ ii^aS ^ t^iL (Ti) 
bowl or something else belonging to 
somebody, (should he give a compensation)? 

2481. Narrated Anas aIp&i ^y. While the LJjl>- : SjLli l^JL>- - YIA^ 
Prophet was with one of his wives , one of 
the Mothers of the believers (i .e . , one of his 



wives) sent a wooden bowl containing food j|| ^J! jl :ilp Jil ^j-J 



with a servant . The wife (in whose house he 

was sitting) stroke the bowl with her hand and J L " ' t ^f~* J - 

broke it. The Prophet collected the ^oL>- ^ olgJU 

shattered pieces and put the food back in it ^ ^ * „ + - „ . - 

and said, "(Help yourselves and) eat." He ^^ a3 f 4^ 

kept the servant and the bowl till he had LgJ J^r j Lg-Lii oi.Ja.il I o^li^i 

eaten the food. Then the Prophet ^ gave „ „ . «| Jl5» -Jlj' 

another unbroken bowl to the servant and u~^~J c J-^ * * f 

kept the broken one . ^ijLi l^pji oUaiJlj tJ^i^Jl 

Li t_sr*i ^jr^ ^ Cf) J IS j 

( ^ r P ^j^j \ ujJj>- ; -^-*->- 

(35) CHAPTER. If one pulls down a wall, a£u jlii UaSU ^ai 4>L (r©) 
one should build a similar one in its place. 



2482. Narrated Abu Hurairah aIp au\ ^j>j : f*-!-^ LliJL>- - Y1AY 

Allah's Messenger ^ said, 'There was an *U- ' I ' ' ' lJjl>- • ' r°l 

Israeli man called Juraij , while he was *" £ - ji>^ ■ ^ 

offering prayer, his mother came and called ^1 t JuLiJ ^p 

him, but he did not respond to her call. He ^ ' ' JU 'jU^'Sbl • 

said (to himself) whether he should continue ' S^ 5 ^ ^^-^ 

the prayer or reply to his mother. She came J^S~"i ^ ^ * $8 5^' 
to him the second time and called him and 



46 - THE BOOK OF AL-MAZALIM (THE OPPRESSIONS) fJUaJI uiltf tt 



384 




said, 'O Allah! Do not let him die until he 
sees the faces of prostitutes.' Juraij used to 
live in a hermitage. A woman said that she 
would entice Juraij, so she went to him and 
presented herself (for an evil act) but he 
refused. She then went to a shepherd and 
allowed him to commit an illegal sexual 
intercourse with her and later she gave birth 
to a boy. She alleged that the baby was from 
Juraij . The people went to Juraij and broke 
down his hermitage, pulled him out of it and 
abused him. He performed ablution and 
offe ? ' A (' *he prayer, then he went to the male Ow)^ \/jL£j o^U . J* 
(baby) and asked him: 'O boy! Who is your : * s f * % c ^ > if > ^ 
father?' The baby replied that his father was ^ ^ ^ ' 0jr " J 

the shepherd. The people said that they S^ % ^s- L> h y\ y> :jUi ^*AiSI 

would build for him a hermitage of gold but < . * u c - tl . 

Juraij asked them to make it of mud only. ^ ^ ^ ^ ^ 

(See H. 3436) & W : J 15 .^Sl 



47 - THE BOOK OF PARTNERSHIP !S j£\ mB" - IV 



385 



47 - THE BOOK OF PARTNERSHIP 2S ^ttf - IV 



(1) CHAPTER. About (sharing) meals and Jl^Jlj fU£]| J ujL O) 

the iVa/id (i.e., sharing the expenses of a J[£ * *Jj\ 

journey or putting the journey food of the ** ** ^ ' J 

travellers together to be distributed among UJ «wa*i 4^o^ jl c<ujUi^ jj^j 

them in equal shares) and '{/rud (i.e., . c M. * 'j | " t 

sharing other goods) . *"* , ^ ' ^ ^ v 

And how to divide what can be measured dJUASj & UaAJ (ju>j L^Ju lju> JS'L 

or weighed i.e., without measuring or . > -l( . s M( ^. t( *r; ( > 

J t4^AAJlj twJbJUi Adjl^bO 

weighing it ; or by measuring or weighing it. jrr j * * j . , 

Muslims see no harm in practising Nahd 
by which some (the partners) may eat so 
much, and some may eat so much of the food 
(without measuring or weighing it). And 
what about distributing gold and silver 
without weighing them, and about eating 
two dates at a time (when sharing a meal) . 

2483. Narrated Jabir bin 'Abdullah &i ^ ^ 41 xS ilflU- - TtAV 

u£*: "Allah's Messenger ^ sent an army . . e . * 

towards the sea coast and appointed Abu ; ^ ^ 

'Ubaida bin Al-Jarrah as their chief , and the 43b I JLp ^>l>- ^ tjLll^ 

army consisted of three hundred men a , * t > ^ r — *?t , 

4U 1 Ji^j ^lou 4j 1 UnAIP 4U1 

including myself. We marched on till we ' ~ 

reached a place where our food was about to p-fc^ ^ *• J^" ^ ' ^ 

finish. Abu 'Ubaida ordered us to collect all _ £l ' ' e > ,. „ * 

the journey food and it was collected. My * ' \ ^ V- 

(our) journey food was dates. Abu 'Ubaida ll5 Li I J^ l^r^i 

kept on giving us our daily ration in small „^ . . r - J^Jl 

amounts from it, till it was exhausted. The * ^ ' 5 ^ 

share of everyone of us used to be one date dJJi £^>*i ^r^ 5 ^ ^jJ^ 

only." I said, "How could one date benefit , ' i^' ' ' ^f^ 

you? Jabir replied, We came to know its f ** - y 

value when even that too finished." Jabir ^Ui t^i ^LiS ^ 

added , "When we reached the sea-shore , we > ? e r £ ^ . ; ^ . : ^ , , > " > . 

saw a huge fish which was like a small y J * " ' " u " 

mountain. The army ate from it for ^^>-j ^ JUs ?S^J L yJu U j 

eighteen days. Then Abu 'Ubaida ordered , • - r - , 

that two of its ribs be fixed and they were \ " u " " 

fixed in the ground. Then he ordered that a V^^' ^ 

she-camel be ridden and it passed under the 



47 - THE BOOK OF PARTNERSHIP # >Ui wtf - tV 



386 



two ribs (forming an arch) without touching S^Ip J^Jl ^LlJi <o JSli 

them." oo-l. *\ --t *i -rt 

[o^i t o^r 4 *riY - *rv <. y hat] 



2484. Narrated Salama & &i Once : ^ ^ ^ UjJI>- - Y iAi 
the journey-food diminished and the people . . 'LpU^I ' bil^ 
were reduced to poverty . They went to the ^ 4 ^ * ^ 

Prophet ^ and asked his permission to Jii! iilS ^^t^ ^ ^ 

slaughter their camels, and he permitted jj-j^j' *\'*\ **' • j\s 

them. Umar *Ip &i met them and they J JJ . *up 

told him about it, and he said, "How would jiLi ^Ll ^ ^1]! I^jli 

you survive after slaughtering your camels?" , . 'r ' , > . " > . > „ >"^rr . 

Then he went to the Prophet^ and said, "O tJj ^ ^ 

Allah's Messenger! How would they survive ^Ul ^^Ip J^Ji ?^-£U JbJ ^-SjLi 

after slaughtering their camels?" Allah's t\£ ^ ^ j > '\ J - JU^^I 

Messenger ^ ordered 'Umar, "Call upon * ^ - ' ^ 

the people to bring what has remained of iU» :«H Jj-^j jUi ^ 

their food." A leather sheet was spread and ({ „ ^.<>* ^ ■ ^ 

all the journey food was collected and heaped ' f~^' ^ J ^ i - * l5* 

over it . Allah's Messenger #| stood up and ^JiJ I ^^Ip o JSJ? j ^6 dJUiJ JL^ 

invoked Allah to bless it, and then directed ^pj^ J * ' 'Ui 

all the people to come with their utensils, and 4 ~ ^ J ^ ' f 

they started taking from it till all of them got ^ U ! ^JzJ- Li ^upjL ^-a LpS ^ 

what was sufficient for them. Allah's . ^ , >. tf j s 

Messenger then said: I testify that "L^ *^ J "^ J ^ i (* J ^ 

i/^/ifl illallah (none has the right to be Jj-ij ^ij 2bl iJl N ji J-jJ-lw 
worshipped but Allah), and I am the 

Messenger of Allah . ^ 

2485. Narrated Rafi* bin Khadlj %\ j_> Ji_lAi Llix>- - YiAo 
*Ip : We used to offer the Asr prayer with the 
Prophet jg| and slaughter a camel , the meat 



of which would be divided in ten parts and we ^il^ c-i^J- :JLi ^il>Jjl 

would eat the cooked meat before sunset . ? > .«> 



47 - THE BOOK OF PARTNERSHIP tf^JI uittf - tV 



387 



2486 . Narrated Abu Musa ^ & I ^3 : The J_L^J lijJLi- - T i A ^ 
Prophet H said, "When the people of ;- ( f > >, * ^ , ; tf wt< 
Ash'ari tribe ran short of food during the ^ ^ 

holy battles, or the food of their families in ^ y> ^\ tSS^ ^1 t jJ^ 

Al-Madina ran short, they would collect all „ * * ^ 

their remaining food in one sheet and then * ^ J S£T 

distribute it among themselves equally by ^U* Ji j\ ^ \ lil 

measuring it with a bowl. So, these people ' \ * ' OjjJJL LJLp 

are from me, and I am from them." j J *-* J> r , . f 5 - - 

(2) CHAPTER. Partners possessing joint U^U J^? Cjtf U cSL (T) 
property (sheep) have to pay its Zakat 5 k . ^ *i i >^ i --1 
equally. (1) 4i ^ J • U ^ i^ 1 ^ 

2487. Narrated Anas that Abu Bakr As- JlIp ^ ju^J l^ii- - YiAV 
Siddlq wrote to him the law of Zakat which ? tl , . , 
was made obligatory by Allah's Messenger s^* ^ 

^ . He wrote : Partners possessing joint ^ 5b t JlIp I o : J 15 

property (sheep) have to pay its Zafcaf 'a.. * * » j * ? 

equally. ^ * * ^ 

L^ls j^ia4>- ^ ^ 

. ttOj-lJLj log';; jLi_>-I^Lj 

(3) CHAPTER. Division of sheep. Uli 4*L Of) 

2488. Narrated 'Abaya bin Rifa'a bin ^i^JI ^ £1p lijl^ - TiAA 



Rafi* bin Khadij : My grandfather said, "We 
were in the company of the Prophet ^ at 

Dhul-Hulaifa . The people were struck with ^ XXS> j& <-3jj~<* 

hunger and captured some camels and sheep '* . e . - . ; . . r 

(as booty). The Prophet #| was behind the ' \, V" - ^ y ^ - 

people. They hurried and slaughtered the .iiliAJt ^Ju ^ ^Jl ^ lis : Jl5 
animals and put their meat in pots and . * > * -i-t. 

started cooking it. (When the Prophet £g ^ ^ ^7-. l^- 



(1) (Ch. 2) Equally means : As one owner (of sheep) as regards the Zakat 



47 - THE BOOK OF PARTNERSHIP SSjJJ\ ytf - tV 



388 



came) he ordered the pots to be upset (1) and I j 15 j : j li . UIp j 

then he distributed the animals (of the . > , ( . - , - • f 

booty), regarding ten sheep as equal to one , \ ' >> ' 

camel. One of the camels fled and the people $|| ^JJl ^li v j>liJl l>waJj 

ran after it till they were exhausted. At that ^ ^ «> ", u 

time there were few horses. A man threw an J * \ 

arrow at the camel, and Allah stopped the o^JJas If* ^Jol 

camel with it. The Prophet^ said, 'Some of t- - ^ * ^ s> LpU 

these animals are like wild animals, so if you 0jrri C ^ f ^ ' 

lose control over one of these animals, treat . <bl ,p4~*! (*4~? J c5>*^ 

it in this way (i.e., shoot it with an arrow)'." lr , ' ^ ^ «> 

My grandfather added, "We were afraid ' '^7, " , * [ 

that we may meet the enemies in the future l^Lo ^-SCLU- LJ ^^j-^ tMj^ 

and have no knives; fwe asked the Prophet * * . - t ,.r ^l^ 1 i >' • i* 
'can we slaughter the animals with ' 



reeds?'" The Prophet ^ said, "Use jJ&l - JjUJ - 

whatever causes blood to flow, and eat the . c n >-Vm V r-' 
animals if the Name of Allah has been ; ■ 

mentioned on slaughtering them. Do not 43b I ^3 ^5Jl U» :JU 

slaughter with teeth or fingernails and I will ^ >^ ^ ^ *j ^ '"j ^ 
tell you why: It is because teeth are bones 3 cr^ u^r 

(i.e., cannot cut properly) and fingernails are jJjl Ui : JUS ji- ^i^J^-L-j 
the tools used by the Ethiopians (whom we [C^J^\ jjj 'i& l C\ 
should not imitate for they are infidels) ." " * J y*^ 

,oo*r ;oha t r»vo ,yo*w :&\] 



(4) CHAPTER. A partner sharing a meal j^lll ^ jl^xil 4»L (O 

should not eat two dates at a time unless he . t 5 1^ ^ ti 

gets the permission of his partner. * ^ ** ' 

2489. Narrated Ibn 'Umar up iiii ^y. - j> - ^*A^ 
The Prophet ^ decreed that one should not > jLii iJl^ 
eat two dates together at a time unless he gets ^ - 

the permission from his companions (sharing <u 1 J^f j If, ' c**w : J U 

the meal with him) . >u it ^ ^ £ n . *t -1 

2490. Narrated Jabala: While at Al- : JlJ^JI y) - 1 1^ * 



(1) (H. 2488) The Prophet m } did not agree to their slaughtering the animals of the booty 
before distributing them among the soldiers . 



47 - THE BOOK OF PARTNERSHIP SS >UI wbf - tV 



389 



Madina we were struck with famine . Ibn Az- \l£ :Jli aJlj>- ji- aJL^ IjuJb- 

Zubair used to provide us with dates as our ,£.. , - . >r , ^, „ ?. 

food. Ibn Umar used to pass by us and say, -i"^ ^ * ' > ' 

"Don't eat two dates together at a time as the L *J£ ^ii- jjI jlSj llsj^j 

Prophet * has forbidden eating two dates ^ # s f,, ^ , js : ^ 

together at a time (in a gathering) unless one - J * Jrrr 

takes the permission of one's companion J>-^1 ^£-4 <I>f jlyS/l 

brother." r n >, - f .> 

(5) CHAPTER. To get a joint property ^"J^\ £J ^Jc («) 

evaluated with an adequate price . " ' . • , „ „ 

Jjlp a* 

*• ^ 

2491 . Narrated Nafi £ : Ibn £ Umar %\ ^ ^ ^3-*-* " Y ^ * 

said, "Allah's Messenger^! said, £ If one ^ . > „ ^ 

manumits his share oi a jointly possessed " - ^ 

slave, and can afford the price of the other y^- ^ t^iU ji- c^jjj 

share according to the adequate price of the - ^ j, . */ * / * u . ' - u - t > • , ^ 

'. W£ au! Ji^j J li ; J li au 

slave, the slave will be completely " J ' ~ ^ 

manumitted; otherwise he will be partially j\ - jIp ^ aj LaI^ JipI 



manumitted.' " 

(Ayyub, a subnarrator is not sure whether > 

the saying " . . . otherwise he will be partially jlip ^ JjJJl aJLIj AiiS ^Jl^ 
manumitted" was said by Nafi £ or the . >• 

Prophet^). . ^ ^ 

«J£p U aL :4jy ^jSl V 

- Yon k Yo.r : 

2492. Narrated Abu Hurairah ^ Ja»i : xJ*** ^ ^-L l^JL>- - YHY 

The Prophet ^ said, "Whoever manumits ^ > > - 1 1 . - i >o - t - °- T 

his share of a jointly possessed slave, it is ^t^ — jr , . 

imperative for him to get that slave ^ j^S\ j& toSba j* 
manumitted completely by paying the 
remaining price, and if he does not have 



*° ^ >i, . ^ ' SOS > 



sufficient money to manumit him, then the «|§ ^JjI ^ ks> 43b I j e^y* 

price of the slave should be estimated justly , ^ ■ f , "«t . ^ tt " t , - 

and he (the slave) is to be allowed to work ^ ^ 

and earn the amount that will manumit him j& p jU . aJU A-i*>U- Allii 

(without overburdening him)". ^ " ^ '-^"ij^, ^ j U " ^' 



47 - THE BOOK OF PARTNERSHIP £ >UI utf - iV 



: >;i] 



390 




: (jyu 

:Jli si ^ 14^ 



(6) CHAPTER. Can one draw lots for 
divisions and shares? 

2493. Narrated An-Nu'man bin Bashir LjJL>- 
t>fj : Th e Prophet £gg said, "The 

example of the person abiding by Allah's 
Orders and Restrictions in comparison to <3b I ^^sfj 
those who violate them is like the example of 
those persons who drew lots for their seats in 
a ship , Some of them got seats in the upper l^J ^IjJlj 4&I 
part, and the others in the lower. When the 
latter needed water, they had to go up to 
bring water (and that troubled the others) , so ^ \ <h *jj Li \ ^ \ *,h «J Li? li 
they said, 'Let us make a hole in our share of ,r, , . ^ -t, , T' • t 

the ship (and get water) saving those who are * - 
above us from trouble. So, if the people in p4*y y> \jy> *UJ! \ycl*\ 
the upper part left the others do what they * ^ ^ . f . j 

had intended, all of them would be perished, ^ ' ^\ ~^ * > , 
but if they prevented them (from doing so) , Uj ^S^i jU t Li js *Ja i£ 
both parties would be saved." ■ ' : f - .AT' , 

[Y1A1 : 

(7) CHAPTER. The partnership of orphans JJil j f^j-^ 4^ 
and other inheritors . ' ' 

2494. Narrated 'Urwa bin Az-Zubair that ^ jj^JI JLp - Y 1 ^ 1 
he had asked 'Aishah u!£ fti r-^j about the . ' . a j, , 
meaning of the Statement of Allah JU; : 

"And if you fear that you shall not be able ji- t L^ ^p t jJL- ^* l^Jj 

todealjustly...(upto)...orfour...''(V.4:3) >?* .* t . 4 . 

She said, "O my nephew! This is about the * 6J ^ :JU ^ 

orphan girl who lives with her guardian and Jlij . L$1p ill I l yJ> j 4^jIp JU* 
shares his property. Her wealth and beauty 
may tempt him to marry her without giving 



her an adequate Mahr (bridal-money) which JU* <ui ^JjJ I ^ Sj^p 

might have been given by another suitor .So, A . , 8 ; - , • ^ >i . c < , 

411 1 J a3 '^P ULsP 411 1 " ; 4JLj lp 

such guardians were forbidden to marry such ' ^ 



47 - THE BOOK OF PARTNERSHIP if jJJ\ ^ IV 



391 



orphan girls unless they treated them justly ^1 4}j*~?*> ^¥ 

and gave them the most suitable Mahr ; ^ [f . ^ 

otherwise they were ordered to marry any " vcr 

other woman." 4 Aishah further said, "After ^ 4^3 1 ^ t^^l ^1 

that Verse the people again asked the ^j^- * a5 LtJ Ul3" 

Pror»het ( about the marriaee with orohan i _ ^ 



Prophet jg| (about the marriage with orphan 

girls), so Allah JU; revealed the following <jl LglJj ^^^rj 

Verses : , - , ■ . . r t> ? ? ' i - 5 - - 

'They ask your legal instruction ^ ^ ' " ~t' <• I 

concerning women . . . (up to) . . . and yet 1 ^fi <. o J** L^J^m L» J^? W 1 ?*^ 

whom you desire to marry...' (V .4:127) ^ ^j, - ^ ? > ^ - 

What is meant by Allah's Saying : ^ ^ J 

'And about what is recited unto you* is the j~* J i l' - >« t_r^ Irtrl 

former Verse which goes : ^ , r , > ^ ° t ( ' f -i' s n 

'And if you fear that you shall not be able v ' " ^' ^ - 

to deal justly with the orphan girls , then : oJ^p J 15 . Yy* * LJ I 

marry (other) women of your choice...' ^ , ^ ^ *l .-^ ^ 

'Aishah fti ^ j said , "Allah's Saying in ^ * y ' 

the other Verse : JJj 15 aIN I o jAJ ^ 4) I j 

'...Yet whom you desire to marry...' . . 8 . . ^V^i v .^.i 

means the desire of the guardian to marry ' ' / 

an orphan girl under his supervision when she [1W :*LJi] ^cA^^" *J 

has not much property or beauty (in which . Jt£ i!l Sbl jJl 

case he should treat her justly). The ^ ^ ^ ^ ^' J 

guardians were forbidden to marry the : l$J J 15 jb\ ^j^l 4^1 ^l^Jl 

orphan girls under their care possessing ^ ^ ^ ^ - '-^ 

property and beauty without being just to ^ " ' r ' * 

them, as they generally refrain from marrying :^Ip cJ15 ^llltf Si C 5 ^ ^ 

them (when they are neither beautiful nor v . - ( h - * , V- 

U \ y>S:o jl I (.jLi^Jlj JUJl 

ciovi ciovr cYVir .^4^ 
10UA t 0'U <. * lO-li t n» • 

[1^10 ;0U" t 0^^ 



47 - THE BOOK OF PARTNERSHIP 



392 



(8) CHAPTER. Sharing land, etc. 



2495 . Narrated Jabir bin 4 Abdullah fti 
U4^ : The Prophet established the right of 
Shuf'a (i.e., pre-emption) in joint 
properties; but when the land is divided 
and the ways are demarcated , then there is 
no pre-emption . 



(9) CHAPTER. If partners divide the 
houses, etc., none of them has the right of 
backing out or the right of pre-emption . 

2496. Narrated Jabir bin 'Abdullah fti ^ 
14* : The Prophet ggg said , "The right of pre- 
emption is valid in every joint property, but 
when the land is divided and the way is 
demarcated, then there is no right of pre- 
emption ." 



(10) CHAPTER. Sharing gold, silver and 
other articles used in money exchange . 

2497, 2498. Narrated Sulaiman bin Abu 
Muslim : I asked Abu Minhal about money 
exchange from hand to hand. He said, "I and 
a partner of mine bought something partly in 
cash and partly on credit Al-Bara' bin ' Azib 
passed by us and we asked about it. He 
replied, "I and my partner Zaid bin Al- 
Arqam did the same and then went to the 
Prophet 3H and asked him about it. He ^ 
said , Take what was from hand to hand and 
leave what was on credit / " 



•^jSlI j iSjli\ u»Lj (A) 



J\ t^jji ^z 

(. L*41p ill <Ul JuP ^jJ ji\s>- 

J> 4iil]l #1 ^1 M :Jli 

***** %J*TJ ^3^3 

lil^ l£U - Yi<\n 

/JJ> J&i. - YUA t Yl<W 

* i ' 

Iju JZ Jl^LJi Ui cJL- 



47 - THE BOOK OF PARTNERSHIP if jJUl cjtf - tV 



393 



TjJ Otf U» : jUi ^ ^ 

[Y^H iY»V i^r-lj 

(11) CHAPTER. Partnership with a Wmmi ^JDI j-ij 1 -^ ' (U) 
(A Jew or a Christian under the protection of 
a Muslim Government and Al-Mushirkun 
(polytheists, idolaters, pagans) in share- 
cropping. 



2499. Narrated 'Abdullah iU &i ^y lliJLi - Tl^ 
Allah's Messenger rented the land of * > I' U Z* . i- 
Khaibar to the Jews on the condition that ^ "^" Jr ' 

they would work on it and cultivate it and <up 4bl ^*fj <ul Jup ^ ^ 
take half of its yield . - IV£ . . > > „ K f . . 

(12) CHAPTER. Distribution of sheep and l$J jjbJIj ^J&l Uli 4*L OY) 
dividing them justly. 

2500. Narrated 'Uqba bin 'Amir JlpJi»l^>j : Ju*~- a^J uia>- - Yo«« 
that Allah's Messenger £g gave him some f ^ . , . £ mii 1 
sheep to distribute among his companions in ^ ^ 

order to sacrifice them and a kid was left . He ZJ& ^ t iuJ- 

told the Prophet M about it and the Prophet 1 , > - ? t ' i . . - ' , 

m said to him, "Sacrifice it on your behalf." - ^ J ^ ^ J ? 

[YT* • igsr-lj] 

(13) CHAPTER. The sharing of food, etc. fUfill J *4 4*^ Of) 

It is said that a man offered some price for oj^Jo Uli ^jL- *A>-j j! ^Jbj 
something and another man signalled him to aS" * ij * 

buy it. When 'Umar noticed that, he * 



394 



47 - THE BOOK OF PARTNERSHIP SSj*ti\ wbf " *V 



considered the second man as a partner of 
the first . 

2501, 2502. Narrated 'Abdullah bin Qt>\ - Y*'Y .Y*'> 

Hisham, that his mother Zainab bint > i . *% . > 

Humaid took him to the Prophet H and ' * <^ ^ 

said, u O Allah's Messenger! Take the BaVa S y> j ^-^^^ tArr^' : V-*-? 
(pledge) from him." But he said, "He is still i( ^ - t - » - ' 

too young for the pledge, and passed his \ " ^ " " ' y *' . 

hand on his (i.e., 'Abdullah's) head and <j dJiij ill iij^i ^ O^Sj 

invoked for Allah's Blessing for him. Zuhra i( . . „ > >« 

bm Ma'bad stated that he used to go with his - ^> *~ - ; w 

grandfather, 'Abdullah bin Hisham, to the ^<uj1j J^-j L :cJUi 3|t 

market to buy foodstuff. Ibn 'Umar and Ibn > „ ^ .... * . „ „ > tt , . 
Az-Zubair would meet him and say to him, ^ 

"Be our partner, as the Prophet £jg invoked olS" <ol ^y S y*>j je-j . <u Lp:>j 
Allah to bless you." So, he would be their tl > 'i, > > . e - 

partner, and very otten he would win a \ ' ° ' / 7 , 

camel's load and send it home. 3*-* l^' oLdili ^UJaJi <j <3j~Jl 

US' ^u^i lJ^ .^4^r~? 

:^.jl*JI] *[vn* :^J! Joo 
[*\ror : ^1 t T o • T 

(14) CHAPTER. Sharing the slaves. jJ^Jl ^ ^lll uiL ( > 1) 

2503. Narrated Ibn 'Umar Ujl^ iii i ^ j : b5ju>- : SjuJ ll}JL>- - Y«*r 

The Prophet M said , "Whoever manumits . ... . % <> I, > 

his share of a jointly possessed slave, it is r C ^ ^ --^*- r * 

imperative on him to manumit the slave U^Ip 4i\ y\ 

completely if he has sufficient money to pay . ' \g* * | ? '» * ^ 

the rest of its price which is to be estimated ^ ^ ^ ' ^ " J 

justly . He should pay his partners their shares o I aJLS* JxAj o I aIJLp J^>- j iS ^U/> 

and release him." _ ^ * u ^ c 

t JJLP <W-3 ^Uj AIoj jJLS JU 4J OO 
Jc^- t^iJ f4^T oj^S^ 



47 - THE BOOK OF PARTNERSHIP SS >UI wfcf - iY 395 



2504. Narrated Abu Hurairah <J> fti ^3 : : jUJ&l 
The Prophet #| said, "Whoever manumits 
his share of a jointly possessed slave, it is 
essential for him to manumit the slave 
completely if he has sufficient money. 
Otherwise he should look for some work for 
the slave (to earn what would enable him to 
emancipate himself) , without overburdening 
him with work." 



(15) CHAPTER. Sharing the Hady and 
Budn. (Is it permissible for one) to share 
the Hady with somebody else after it has been 
slaughtered? 

2505, 2506. Narrated Ibn 'Abbas %\ ^ 
i * { • p : The Prophet ^ (along with his 
companions) reached Makkah in the 
morning of the fourth of Dhul-Hijjah 
assuming Ihram for Hajj only. So when we 
arrived at Makkah , the Prophet 3g ordered 
us to change our intentions of the Ihram for 
'Umra and that we could finish our Ihram 
after performing the l Umra and could go to 
our wives (for sexual intercourse). The ^ ^ 
people began talking about that (1) . Jabir 
said surprisingly, "Shall we go to Mina ^ 
while semen is dribbling from our male c^ia t LSULj <JI J>J jlj VjJ- 
organs?"< 2 > Jabir moved his hand while ^ ^_ ^ 

saying so. When this news reached the 

Prophet he delivered a Khutba (religious e^Si j ^\ * ~jt^~ 

talk) and said, "I have been informed that 
some people were saying so-and-so . By Allah 
I fear Allah more than you do , and am more : J Ua LJa^- f Lai I Jili 

obedient to Him than you. If I had known .'^ ' t f i^t ? t rT- 

what I know now, I would not have brought j-j^ ^ * 




'J 



^Jus - aaSC ^jU- J Us - t Ill* jlaa^ 



(1) (H. 2505) People thought that it was sinful to perform L Umra during the months of 
Hajj , so when the Prophet ordered them to perform ' Umra with Hajj (i.e., Hajj-at- 
Tamattit), they were astonished. 

(2) (H. 2505) Jabir thought that it would be inconvenient to assume Ihram for Hajj and go 
to Mina shortly after having had sexual relation with one's wife . 



47 - THE BOOK OF PARTNERSHIP SS jJUl y fef - tY 



396 



came from Yemen and was saying Labbaik • , -,,..r G ^t M 

for what the Prophet ^ has intended. - . - 



the //adfy (sacrifice) with me and had the $j & ^yfcfj y) ^ &\ j 

Hady not been with me, I would have > .* . *\ 

finished the /to." At that, Suraqa bin U W 

Malik stood up and asked, "O Allah's ^JLjJi . t ^** o! N^Jj ^-4^ ^° 
Messenger! Is this permission for us only or . > >c > ,,.r - 1 1 * 

is it forever?" Vlie Prophet * replied, "It is & ' O^^ 4 *^- f '^^^ 

forever." In the meantime *A1I bin Abi Jalib u ^ L> :JU* ,p-^*>- 

(According to another man, 'All was saying ^JLk ^1 ^> £JS Zl>-j : Jli 

Labbaik for similar to Allah's Messenger s' * ^ ^ *Jtj^ 

^D-T^Prophet^^dhimtokeeponthe . ^ > J*t 

Ihram and let him share the Hady with him . JlSj i j|| 4> I J <» 

i\»ao .^i^ll J> 

(16) CHAPTER. Whoever regarded ten jJUl ja Sjip Jop ^ (n) 

sheep as equal to one camel in distribution. ' . . 



2507. Narrated 'Abaya bin Rifa'a: My U^l : JuAo ^Jb- - Yo«V 
grandfather, Raff bin Khadij & fti ^ j said, 
"We were in the valley of Dhul-Hulaifa of 

Tihama in the company of the Prophet ^ tjj? j& cipli j ^1 £Lp 

and had some camels and sheep (of the ~ > i( 

booty ) . The people hurried (in slaughtering CT v e,- 

the animals) and put their meat in the pots ot$j ^ 4ilL>Jl ^Jb 
and started cooking. Allah's Messenger « ^ "^T 

came and ordered them to upset the pots, \ J ^ ^ - 

and distributed the booty considering one 4>l OjL j £UJ ijjJUtJ! t$j I^IpU 

camel as equal to ten sheep. One of the * V' *i 8 -*>f- . -nirr 

camels fled and the people had only a few J } ' ~ ^ - J 

horses, so they got worried. (The camel was I jl p -jJ^^H tS^ 

chased and) a man stopped the camel by , ^ .^^ ' «r 

throwing an arrow at it . Allah's Messenger 3g ^ 6 jm * S^* 

said, 'Some of these animals are untamed J JUi ^ J>-j oUy 

like wild animals, so if anyone of them went - tl --u * 4l 

out of your control , then you should treat it > ^ rj ^ ' ^ * * 

as you have done now.'" My grandfather l$L» L** -(j^-^l ^'3^ 

said, "'O Allah's Messenger! We fear that we 



47 - THE BOOK OF PARTNERSHIP IS >UI y tf IV 397 



may meet our enemy tomorrow and we have 
no knives, could we slaughter the animals 
with reeds?" The Prophet $g said, "Yes, or 
you can use what would make blood flow 
(slaughter) and you can eat what is 
slaughtered and the Name of Allah is 
mentioned at the time of slaughtering. But 
don't use teeth or fingernails (in 
slaughtering). I will tell you why, as for 
teeth, they are bones, and fingernails are 
used by Ethiopians for slaughtering." 
[SeeHadith No. 2488] 



[TiAA 



48 - THE BOOK OF MORTGAGING 



398 



48 - THE BOOK OF MORTGAGING 
IN PLACES OCCUPIED BY SETTLED 
POPULATION (TOWNS, CITIES, ETC.) 



(1) CHAPTER. The mortgaging in places 
occupied by settled population and the 
Statement of Allah J\*s : 
"And if you are on a journey and cannot find 
a scribe, then let there be a pledge taken 
(i.e., mortgaging)..." (V .2:283) 

2508. Narrated Anas lis fti No 
doubt , the Prophet ^ mortgaged his 
armour for barley grains. Once, I took 
barley bread with some dissolved fat on it to 
the Prophet ^ and I heard him saying, "The 
household of Muhammad did not 

possess except a Sd* (of food grain, barley, 
etc.) for both the morning and the evening 
meals, although they were nine houses." 



(2) CHAPTER. Mortgaging an armour. 

2509. Narrated 'Aishah \& fti Cr?y. The 
Prophet 3§| bought some foodstuff on credit 
for a limited period and mortgaged his 
armour for it . 



(3) CHAPTER. Mortgaging the arms. 

2510. Narrated Jabir bin 'Abdullah fti 
u41i: Allah's Messenger |g said, "Who 
would kill Ka'b bin Al-Ashraf as he has 



1^' J! 



3 c 4>*-«. 



■Ij] 



ilp USjb- l&i>- -Yo*^ 

: 3 US t^-dJLUl ^ 

: lfJ> Jul ^y^j a^jU Sj-lVl 

£*Ui ^ 4ib (r) 

: j jXJ> J IS : <jL>L*» L!ji>- :*ubl 



48 - THE BOOK OF MORTGAGING 



399 



harmed Allah and His Messenger 
Muhammad bin Maslama (got up and) said, 
"I will kill him." So, Muhammad bin 
Maslama went to Ka'b and said, "I want a 
loan of one or two Wasq of foodgrains Ka'b 
said, "Mortgage your women to me." 
Muhammad bin Maslama said, "How can 
we mortgage our women, and you are the 
most handsome among the Arabs?" He said, 
"Then mortgage your sons to me." 
Muhammad said, "How can we mortgage 
our sons , as the people will abuse them for 
being mortgaged for one or two Wasq of 
foodgrains? It is shameful for us . But we will 
mortgage our arms to you." So, Muhammad 
bin Maslama promised him that he would 
come to him next time. They (Muhammad 
bin Maslama and his companions) came to 
him as promised and murdered him. Then 
they went to the Prophet H and told him 
about it . 



(4) CHAPTER. It is permissible to mortgage 
an animal used for riding or milking. 

Mughira narrated that Ibrahim said : One 
can ride and milk the lost animal in 
proportion to the amount of food one gives 
to it ; this is valid also for mortgaged animals . 

2511. Narrated Abu Hurairah <J> : 
The Prophet #| said, "One can ride the 
mortgaged animal because of what one 
spends on it , and one can drink the milk of 
a milch animal as long as it is mortgaged." 



2512. Narrated Abu Hurairah <£■ 41)1 '*J>\ '. 
Allah's Messenger ^ said, "The mortgaged 
animal can be used for riding as long as it is 



*iL>J Jul . <J jLjj ibi 

" - s «. •* s 
'. J Lai t ( yJu*j j \ \.:.a.LJLj 

<JCS M^Jli i^5£bll ^ :Jli 

*. , „>r o > * - ? £ ^ >r ... «f o- 
.Ju^ ^jfcJ^I ULI ciLft j 



; ob~* 



[i 'TV 

*wJl>J j t Lgjiip jJLaj aJU^l! I 

^ 21 g| ^ IIp Jii 

t Alidl) «^s5^j ^A^J U '. J jjJj 

OUT 131 jijl ^ 
[You : 

•H ll^J llili. - YOU 




48 - THE BOOK OF MORTGAGING 



400 



fed ; and the milk of the milch animal can be 
drunk according to what one spends on it. 
The one uho rides the animal or drinks its 
milk should provide the expenditures." 



(5) CHAPTER. Mortgaging things to Jews 
and others . 

2513. Narrated 'Aishah i^JU Ji>i j^y. 
Allah's Messenger ig bought some 
foodstuff from a Jew and mortgaged his 
armour to him . 



(6) CHAPTER. If a dispute arises between 
the mortgagor and mortgagee, a proof is to 
be provided by the plaintiff, otherwise the 
defendant has to take an oath (if he insists 
on denying the plaintiffs claim) . 

2514. Narrated Ibn Abu Mulaika : I wrote 
a letter to Ibn 'Abbas and he wrote to me that 
the Prophet ^ had given the verdict that the 
defendant had to take an oath . 



2515, 2516. Narrated Abu Wa'il : 
'Abdullah (bin Mas'ud) <S 2>i ^5 said, 
"Whoever took a false oath in order to grab 
somebody's property will meet Allah while 
Allah will be angry with him ." Allah revealed 
the following Verse to confirm that : 



J^lj JUS :JIS o£ Jjbl jy*fj 
h\s \l\ ^ftn jbl 

[Yon 4v^L? 

ujU i£U - row 

<b I J ^1 j ^ __ r ui 1 : cJ IS 

[Y * 1A i^rlj] 

OiLLl lii ^Lj (n) 

4^P ^jJJl ^ j^Jlj c^liJI 



^ iSU i&U- - you 

l?J c* 1 c ^ cf u 

Si j& m & ^ -^i ^ 

U00Y t Y "HA 
^ S2a l^Jb- - Ton fcY^o 

<jbl 1p Jli :Jli Jslj ^! 

J-J J* \<S> %\ ^fj 



48 - THE BOOK OF MORTGAGING jijll wtf U 401 



"Verily, those who purchase a small gain 
at the cost of Allah's Covenant and their 
oaths, (to)... painful torment." (V.3 :77) 

Al-Ash'ath bin Qais came to us and asked 
as to what Abu Abdur-Rahman (i.e., Ibn 
Mas'ud) was telling us." We related the story 
to him. On that he said, "He has told the 
truth . This Verse was revealed about me . I 
had some dispute with another man 
regarding a well and we took the case 
before Allah's Messenger ^ . Allah's 
Messenger said (to me), 'Produce two 
witnesses (to support your claim) ; otherwise 
the defendant has the right to take an oath 
(to refute your claim).' I said, 'The 
defendant would not mind to take a false 
oath .' Allah's Messenger jg| then said , 
'Whoever took a false oath in order to grab 
someone else's property will meet Allah, and 
Allah will be angry with him.' Allah then 
revealed what confirmed it ." Al-Ash'ath then 
recited the following Verse : 

"Verily, those who purchase a small gain 
at the cost of Allah's Covenant, and their 
oaths... (to)... they shall have a painful 
torment!" (V.3 ill) 

[See Hadlth No .2356 , 2357] 



^-U l$J jij SfU Ifc J^ilj 
j^i 0jju4 ctjfi 6^ s*JUi JjJuiS 
01 fi [VV :ol^ Jl] i*jJ\ &\%} 

c<3^> :JUs :Jli tohlJi>*i 

J^J t>^J L5~! tcJjJ 

lil £l . j\ *JlJLftLi» 

Shi ^a! t ^-U l^Ii ybj 1$j 

^ Jl <ii & 

[rrsv tTrsT .[vv ioi^JT] 



49 - THE BOOK OF MANUMISSION (OF SLAVES) £41 y - | 402 

49 -THE BOOK OF MANUMISSION JjSaH ujIsT - 

(OF SLAVES) 

(1) CHAPTER. What is said regarding the aLj^j J Jjb (^) 
manumission and its superiority ^ V]k ' n"' i»- 

And the Statement of Allah JU-: ^ ^ ^ ^ 

"(It is) freeing a neck (slave) . Or giving £ 6* ^ j 

food in a day of hunger (famine), to an x ^ 

orphan near of kin. ... (V .90:13-15) * ^*$s?*-s~ 

2517. Narrated Abu Hurairah ^ %\ ^ : ; jj^ ^ ju^-I t^U- - Y o \ V 

The Prophet ^ said, "Whoever frees a jlL*J ' ' U- 

Muslim slave, Allah will save all the parts - JU <* r?^ 

of his body from the (Hell) Fire as he has J?^*- : <3 15 JuAi ^^>- 

manumitted the body-parts of the slave." " , - r ^°' ' ' 

Sa id bin Marjana said that he narrated ^ * J* ^ 

that Hadlth to 'All bin Al-Husain 14^ 53a i ^5 SyS* ^ d ^ * ^ ^ Jr*^ ' 

and he manumitted his slave for whom V - ' 

'Abdullah bin Ja'far had offered him ten Uj - ,1> : « ^ ^ U *»l CffJ 

thousand Dirham or one thousand Dinar. <ul jii^l LJLLa Uy>l JxpI 

JlS ^0 I yjl£, A^A yjaS* j£j 

^1 <j la : £ L»»^i ^ 

. ajcJ> la jLo ^1 jl cJNl 
[IV ^ : Jz\] 

(2) CHAPTER. What is the best kind of ?<J-^ V 15 ^ 1 <^ :4 ^M (Y) 
manumission (of slaves)? 



2518. Narrated Abu Dhar & fti ^y. I ^ <bl jIIp £ii - YMA 
asked the Prophet 2g, "What is the best 8 , e , „ , 

deed?" He replied, "To believe in Allah and ^ f - ^ 'c^r 1 

to fight for His Cause." I then asked, "What ^ ^ ' ^ 
is the best kind of manumission (of slaves)?" « " > ^ ^ - 
He replied, "The manumission of the most 4r * ^ " ^ ^' ^ J 

e^ensive slave and the most beloved by his oUjJ 8 :JU ?Juill J^*Jl 
master." I said, "If I cannot afford to do 
that?" He said, "Help the weak or do good 



^la : ola . WaL^ ^ ^L^rj 5b U 



49 - THE BOOK OF MANUMISSION (OF SLAVES) J^ttl wtf - « 



403 



for a person who cannot work for himself." I Li! U I » : J IS ? J-iS 1 ^ IS^J I 

said, "If I cannot do that?" He said, "Refrain • . > \i , 

- - J ju ; cJLi . (( ulXa I JLp l j-.-ai 1 9 

from harming others for this will be regarded r ^ - ^ J 

as a charitable deed for your own good." j\ &lj> ^jC^ :JlS ?JiSI 

:JIS ?JJJI p 5lS :JIS .«J>IV 

(3) CHAPTER. Manumitting slaves at the J SUJl # LicL!* U (T) 
time of eclipses, or on the appearance of ( tn * >>u* 
some other signs of Allah, is recommended. ' ~ " 

2519 . Narrated Asma' bint Abu Bakr ^3 j-* Ll*JL>- - Y o \\ 
i.^Ip The Prophet ^ ordered us to „ . ' "JSP lijb- 
manumit slaves at the time of solar eclipses. t<u Cji b * ~) .sy**** 

<^J» IS /^p i. e j j-p j^j a LLa 

jSsj ^j>\ c ^j £L***>1 ^p tjX-<Jl 
3|| ^2j| jit :cJlS L>f3 

*r 

2520. Narrated Asma' bin Abu Bakr ^ J\ bli>- - YoY» 
ibi : We were ordered to manumit slaves I , * . '* * . tf - , 

at the time of lunar eclipses. ^ \ \ % * 

US' :cJlS Jiil t>*fj ^ ^ 

(4) CHAPTER. If one manumits a male slave jl jll IJLp J»1 te} 4*L (O 
owned by two persons or a female slave " £ u 
owned by a number of partners . ' v w "* 

2521. Narrated Ibn £ Umar U4^ JlIp ^ *Js> - Y«Y \ 
The Prophet ^ said, "Whoever manumits a . > » > , ;^ i . 
slave owned by two masters, should manumit ^ i ^ 

him completely (not partially) if he is rich <up *ujI i^f j J* t^JL- 

after having its price evaluated." ' " 



49 - THE BOOK OF MANUMISSION (OF SLAVES) £tf I y W - il 



404 



LiS &\ & m 

aILp j» ^5 I ^» o\£ oli j^Jj I 
[Yi<U i^lj] 

2522. Narrated ' Abdullah bin 'Umar ^ 5b! jlIp liil>- - Y^YY 

L_> j Li- 4ii\: Allah's Messenger |g said, f . JjJL, M *Jli ' 

"Whoever manumits his share of a jointly ' ' 

possessed slave and he has sufficient money I ^J? "j ^p ^ 5b I Jup v^p t U 

to manumit him completely, should let its . ^ *t , >^ 

. , ,« . v 8 -Ju -tui J^j oi : UJllp 

pnce be estimated by a just man and give his ^ " , , 

partners the price of their shares and JU <d Jup ^ <d 15 jJ> jie-l 
manumit the slave; otherwise (i.e., if he ;, B . „ ^; ?J . 
has not sufficient money) he manumits the \-r en- 
slave partially." <j£*j ^15^ ^pli Jjlp 

[Yt<\\ .kjIp 

2523. Narrated Ibn 'Umar fti ^y. llli liijl^- - YoYV 
Allah's Messenger M said, "Whoever f t • - ■ • . 

' -U*P **P I <Lo U*> 1 pi *^p £ LpUwi 

manumits his share of a jointly possessed <_r 

slave . then it is essential for him to get that ilrf J 3^ ' c ^ ' ^ ' 

slave manumitted completely as long as he ~ ^ * , >. % „ * tl . . ^ . 

has the money to do so. If he has not 7^ " ^ ^ ^ 

sufficient money to pay the price of the other t>* ^ tlr^ 

shares (after the price of the slave is * " ^ - . . • 

1 * \ • .1 ^ *A1> JU <u jl£ ol <1£ a^p 

evaluated justly), the manumitter manumits L.- ^ ^ 

the slave partially in proportion to his share. «I1p ^yi JU *J ^1 0^ 

[Yi<\^ :^b] ,«J^pf 

J^P t Lj Jj>- . iJLwO LjJl>- 

. a j. ,s7l->- \ 4ii \ JL«P 

2524. Narrated Ibn 'Umar \^ 3>i jj>y. :jLJcJl ^1 UjJL>- - YoYt 
The Prophet ^ said, "He who manumits his , * 

share and has money sufficient to free the l *C? ^ tJ 
remaining portion of that slave's price Qustly ^ ^ ' Jr^^ Jr; ' 

estimated) then he should manumit him (by k * , - - 1V ^ , 

givmg the rest of his price to the other co- *~ - ^ SfT 

owners)." jlS^i jIp aJ jl ^ 

Naff added, "Otherwise the slave is 



49 - THE BOOK OF MANUMISSION (OF SLAVES) jfeM wtf H 



405 



partially free ." Ayyub is not sure whether the £uJ U J U 1 ^ aJ 

last statement was said by Nafi* or it was a * - t1 . * . >r 

part of the Hadlth. ^ JU ^ 

2525. Narrated Ibn 'Umar up &i ^ : ^llL ^ ju^-I l£l>- - YoYo 
that he used to give his verdict regarding the • ' Ljjj, > > llil]| Ijj,^ 
male or female slaves owned by more than * ^ - if. J~~~^ 

one master, one of whom may manumit his ^ <, ^iU Jjr^ * 

share of the slave . Ibn 'Umar used to say in f.. * 

such a case, The manumitter should 'Z 7 ^ J Sr 

manumit the slave completely if he has juVl jl JuiSl <y 

sufficient money to pay the rest of the price ^ ; * > ^* > " \^~\\\ 

of that slave (which is to be justly estimated) 4 ^ *v~^ f"* ? 

and the other share-holders are to take the lil aA5 <u1p aIIp j jl5 : J^ii 

price of their shares and the slave is freed U J U I ' ° I ill ' 15 

(released from slavery)." Ibn 'Umar narrated 'C^ - ^ - ° 

this verdict from the Prophet ^Jbj tJlAJl iili aJU ^ 

(5) CHAPTER. Whoever manumits his Jlp ^ L^aJ lij kSL (o) 

portion of a common slave and does not >« M| * 

possess enough money to manumit him * 'sF tr^r^ 

completely, then that slave should be ^^J' y** ^J* 

helped to work without hardship to earn 
what will enable him to get complete freedom 
according to the writing (of emancipation) . 

2526. Narrated Abu Hurairah *Ip %\ ^\ ^ ^JL>" - YoY*l 
that the Prophet ^ said, "Whoever 



49 - THE BOOK OF MANUMISSION (OF SLAVES) wtf M 406 



manumits his portion of a (jointly possessed) 
slave..." 



2527. Narrated Abu Hurairah 
The Prophet said, "Whoever manumits 
his portion of a common slave should 
manumit the slave completely by paying the 
rest of his price from his money if he has 
enough money; otherwise the price of the 
slave is to be estimated and the slave is to be 
helped to work without hardship till he pays 
the rest of his price." 



Lj~L>- .' ^oT ^jj f^^i \^i*X>- *-*\>-J 



cUjcw :Jli ^j\>- ^\ ly\ j„Jr 
L5i' If Oi jsri if 4 4^ 

I ,] . « . . . JLP 



[YilY 



lia>- L^JL^-j - Y©YV 

jrri If ^cr 1 ^ & if a ^ 



(6) CHAPTER. What is said about 
manumission and divorce by mistake or by 
forgetfulness . Manumission of slave should 
be for Allah's sake only. 

The Prophet |j| said, "Everybody will get 
the reward according to what he has 
intended." Doing things by forgetfulness or 
by mistake is not regarded as intentional 
action . 

2528. Narrated Abu Hurairah ibi ^y. 
The Prophet £gg said, "Allah has accepted my 
invocation to forgive what whispers in the 
hearts of my followers, unless they put it to 
action or utter it (SeeHadith No .6664 Vol .8) 



[YilY .«5^Lp 

* T *c*~\ tout 



U L5>l ^1 

•b 1 *^^ v^i ^isj* 

bil>- :^JlUA1I l£U - YoYA 

Cre^ *s-f l^ 1 <y ^ 



49 - THE BOOK OF MANUMISSION (OF SLAVES) £all u*W t1 



407 



2529. Narrated 'Urnar bin Al-Khattab j$ ^ ilii l^Jai- - Y«Y<\ 

ilp 4ui The Prophet said, "The " j^j^ * " \^Jo- * : Lli 

(reward of) deeds depends on intentions, C ^ '-^^ * - ^ 

and every person will get the reward ^p c Js^' f*^'S?I ^ 

according to what he has intended. So, > • " -*^]| 'j' lilip 

whoever emigrates for Allah and His * ^ ui 

Messenger, then his emigration will be for <up <ul ^J>j c-jUL*J1 ^ 

Allah and His Messenger, and whoever „{., i tl 

emigrates for worldly benefits or for a * 

woman to marry then his emigration will be &j>** cJlS* j^i t ^5 jj 1° uja^j 

for what he emigrated for." . . r „ 

[See Vol . 1 , Hadith No .1] ^ — . t^* 

(7) CHAPTER. If somebody says to his slave tji jk ioJuiJ JIS ill i^ib (V) 

that he is for Allah ; and by that he intends to iU-iNI' ijJl 

manumit him (the slave is manumitted). * ^^fr ^ 
And the witness for manumission. 



2530. Narrated Qais ^ %\ ^y. When Jup ^ JU^I £1>- - Y«V« 
Abu Hurairah accompanied by his slave set 
out intending to embrace Islam they lost each 



other on the way. The slave then came while ^1 ^p t j& «, JupUJ-I ^p 



Abu Hurairah was sitting with the Prophet - a* . . . 

The Propriety said, "O Abu Hurairah! M ^ .<cp <u) 

Your slave has come back." Abu Hurairah JS' Ju^» *JLoJ Oj^j 

said, "Indeed, I would like you to witness 
that I have manumitted him That 



J~*li 4o-Li? Lo_^u Ju>-1 j 



happened at the time when Abu Hurairah ^ ^JL>- 

recited (the following poetic verse) : . <s , > d t . > 

'What a long tedious tiresome night! * ■ 

Nevertheless, it has delivered us from the ^\ Ul : JUi . jj 
land of ^wfr (disbelief) .' J >ft \f 



49 - THE BOOK OF MANUMISSION (OF SLAVES) y tf M 



408 



ltr\r t rorr t r©n : >i] 

2531. Narrated Abu Hurairah : ^ 

On my way to the Prophet jig I was reciting : '* .-it >\ i . i 4 

'What a long tedious tiresome night! ^ 

Nevertheless, it has delivered us from the *'Jtj* <y) if 4 if 4 J^^4 

land of Ku/r (disbelief) r ^ : > i( 

1 had a slave who ran away from me on the ^ 

way. When I went to the Prophet 31 and gave <J ^ W> {J$\ 

the BaVa (pledge) for embracing Islam, the Lis Li"' LU S> UIJ L 

slave showed up while I was still with the y 3 ^iJ* ^ <J^ 

Prophet 3H who remarked, "O Abu c*>J J&1\ oj\s ^ L^l ^Js- 

Hurairah! Here is your slave!" I said, "I . + > * m 

manumit him for Allah's sake," and so I ^ \^ f Sf* & 3 ' J 

manumitted him. £ s li\ i JS c-Jji Uii : Jli tji^l 

:cJUi t«Jii*Ap I jli I'JiJ* Ul 

2532. Narrated Qais : When Abu & JL>l$J> j&S- - YoVY 
Hurairah Jl£ &i accompanied by his .... , 
slave came intending to embrace Islam, ^ ^ w ^ \ ^ ' * 
they lost each other on the way. (When the Jli I UJ : Jli t J^pUJ-J 
slave showed up) Abu Hurairah said (to the >>^ >\ 
Prophet $g), I make you witness that the f ST> v - r * 
slave is free for Allah's Cause." Uj»o>-1 Juii dJJaJ 

^1 Lai :Jlij t<u>-U^ 

(8) CHAPTER. UmmAl-Walad (i.e., a slave jJ^Jl uib (A) 
woman who begets a child for her master) . 



49 - THE BOOK OF MANUMISSION (OF SLAVES) £41 ytf £1 409 



Narrated Abu Hurairah & &i ^j: The j^Ill S^Jy* 

Prophet sjg said , "One of the portents of the t . 
approaching of the Hour is that the slave 
woman will beget her own master." 



JLl5 jl 4pU1J 



that the boy was his own (illegal) son . When > > . . ' • ; , „ , 
Allah's Messenger #| went (to Makkah) at ^ * 




2533 . Narrated ' Aishah & \ ^ : 'Utba : j UJ I ^ I Lj JUi- - 

bin Abl Waqqas authorized his brother Sa'd < „ . ^ 

bin Abi Waqqas to take the son of the slave- ^J*^ a* 

girl of Zam'a into his custody, telling him UjU jl j^y\ ^\ lj°J^ ^^>- 

the time of the conquest, Sa'd took the son of ^ jJL- ^lij 

the slave-girl of Zam'a to Allah's Messenger ^ . . ^. • °. \ " ,? * 

and also brought 'Abd bin Zam'a with him ' w ^ ~ ' cr-^ ^ ^ 

and said, "O Allah's Messenger! This is the ^Ji Uli <ul : aI^p J IS . 

son of my brother 'Utba, who authorized me * „ . ' - * , - ; >. > „ 

to take him into my custody." 'Abd bin ^ ^ £^ ^ ^ ^ J ^ 

Zam'a said, "O Allah's Messenger! He is my J>^j <Jl £ J?l* S^Jj If) 

brother, the son of Zam'a's slave-girl and he j^r jjj^ 'rjj ^ 

was born on his bed." Allah's Messenger ^ " ; ^ ^ ~ J - 

casted a glance at the son of the slave-girl of ^1 IJla 1 4)1 J ^ : JL *~ fc ' 

Zam'a and noticed much resemblance (to >. -....r >?* ^t. - - 

(TT1 _ x ...... ., iir . _ ,V t 4jI *J1 JUS- 

Utba). Allah s Messenger said, It is for ^ * - * - 

you, O 'Abd bin Zam'a as he was born on the ^1 ^1 IJla t4)l J L : j 

bed of your father." Allah's Messenger 3g *. > J 

then said to Sauda bint Zam'a: "Screen J> ^^ ^ ji J> 

yourself O Sauda bint Zam'a from him (the yt» liU SjJj jjI ^1 4)1 

boy) ," as he noticed the boy's resemblance to • <ws * i *t ' ' 't i - r ' i ? i *' * t 

'Utba and Sauda was the wife of the Prophet * ^ ^ J ^ ^ ^ 

jg. (See H. 4303). Jil ^ ^ o!p L JJU ^in 



c-Jj j^*> U o ^>xi>- 1 » : <u) 1 



1. 4^>J 



(9) CHAPTER. The selling of a Mudabbar Jjltll ^ ub (\) 

(i .e . , the slave who is declared by his master 
to be manumitted after his master's death) . 

2534. Narrated Jabir bin 'Abdullah &i ^\ ^ ^Sl llio^ - Tori 

u4^ : A man amongst us declared that his 



49 - THE BOOK OF MANUMISSION (OF SLAVES) ^ W 



410 



slave would be manumitted after his death . ^ j J*s- Uj Jb- : X**J^ Uj Jb- : ^ U 
The Prophet called for that slave and sold i( ... > . . * 

hinr ' . The slave died the same year . . . . lt. v ; • - v _ 

^ U j» Mil I o U : ^ U- J IS . Li 
[V\t\ :^b] 

(10) CHAPTER. The selling and conferring 4Zj*j *Y^Jl ( \ « ) 

on others of the Wz/ft' of a manumitted 
slave , (2) 

2535. Narrated Ibn 'Umar u# fti ^j: : JlIJJJ * &I>- - Yoto 
Allah's Messenger #£ forbade the selling or > * , '.^ • t " t , - * . ^ 
conferring on others of the WalcC of a ^ " ' 

manumitted slave. Cs*?J <S^ • 

If M ffi : ^ft ^ 

[Wo~[ : .cIa ji-j *N^Jl ^ 

2536. Narrated 'Aishah &i I ^1 jL^ UjJ^ - Y ot*\ 
bought Barira, but her masters put the . 



condition that her Waia' would be for them 

I told the Prophet about it. He said (to ^ U ji- o^SlI 

me), "Manumit her, as her Wald 7 will be for ^ - > \ , n- . k , 

the one who pays the price." So, I ^ \ ^ 

manumitted her. The Prophet ^ called JjLii o/^ii t U^Nj Igiil JS^LilS 

Barira and gave her the option of either ^ ^ .3^ # . fjj 

staying with her husband or leaving him . She ~ * ^ r ~" ~ J 

said, "Even if he gave me so much money, I UUii t I^JupU «<jj^ 

would not stay with him," and so she ° ^ • ' • i — ^ * s n 

preferred her freedom to her husband . - ^ ^ " J 

(11) CHAPTER. If the brother or the uncle )1 jipl ^-1 ^1 JlL (\\) 

of somebody was taken as a war prisoner, o^^i^im ^ >a ^ 

; O jli 1^1 /<^Uj LA 

then can he ransom him if he is a Mushrikl < * - 

Narrated Anas %\ : Al-' Abbas said : J^J 



(1) (H. 2534) The liberator was needy, so the Prophet £j£ sold the slave for him, permitting 
him to cancel his promise of manumitting the slave after his death . 

(2) (Ch. 10) Wala : See glossary. 



49 - THE BOOK OF MANUMISSION (OF SLAVES) 



£41 ytif - it 



411 



to the Prophet ^i, "I ransom myself and 
'Aqil." 'All got his share of the booty from 
the property which was given by his brother 
'Aqil and his uncle Al-' Abbas. 



2537. Narrated Anas <S &i ^y. Some 
men of the Ansar asked for the permission of 
Allah's Messenger £g and said, "Allow us to 
give up the ransom from our nephew Al- 
' Abbas. The Prophet said (to them), "Do 
not leave (even) a Dirham (of his ransom)." 



(12) CHAPTER. Manumission of a Mushrik 
(pagan, polytheist, idolater) 

2538. Narrated Hisham: My father told 
me that Hakim bin Hizam JJL* &i 
manumitted one hundred slaves in the Pre- 
Islamic Period of Ignorance and slaughtered 
one hundred camels (and distributed them in 
charity) . When he embraced Islam he again 
slaughtered one hundred camels and 
manumitted one hundred slaves. Hakim 
said, "I asked Allah's Messenger jg, 'O 
Allah's Messenger! What do you think about 
some good deeds I used to practise in the 
Pre-Islamic Period of Ignorance regarding 
them as deeds of righteousness?' " Allah's 
Messenger ^ said, "You have embraced 
Islam along with all those good deeds you 
did." 



^LjJI JUL: ^ i] *J£ jl5 j 

& ^U*i ^1 



a J " 



45U ^JJ, J^-j tju5j i5Lo 5lUL>J! 
j?*-> aILo ^^ic- J^->- ^JL-I tlii . 

?~ ^ jS^' : c5^ ^>^l v£u5 



L, 



[urn 



49 - THE BOOK OF MANUMISSION (OF SLAVES) £41 ytf 412 



(13) CHAPTER. Whover possessed Arab ULij ^jill ^ iJUU ^ 4>L Or) 

slaves and gave them as presents , or sold , ' - r - , , - „ r 

them, or had sexual relation with the c^ - ^ t$ ^ *J f^J i *? m *J* 

females among them, or accepted their ^ij^ 

ransom, or took their offspring as captives. < ^ x^x : ^ ; 

And the Statement of Allah ju;: * 7 - ^ J 



"The example (of two men - a believer lSJ>j k ilijj <>*i & >Me 
and a disbeliever); a slave (disbeliever j *x ^ y >.> / 

under the possession of another, he has no ' 
power of any sort, and (the other), a man V jl*A^=^ J* *i ju3-\ ^ISjj^ 
(believer) on whom We have bestowed a _ t _ // - 

good provision from Us, and he spends ^ - 7 

thereof secretly and openly. Can they be 
equal? (By no means, not). All the praises 
and thanks be to Allah. Nay! (But) most of 
them know not." (V. 16:75) 

2539, 2540. Narrated Marwan and Al- -y) l£U- - Tol* ^oT<\ 

Miswar bin Makhrama : When the delegates ..o > ,. \ ✓ 

of the tribe of Hawazin came to the Prophet ^ ^ - ~ v~ J 

$1;, and they requested him to return their jl oj^p : Jli jjl j^- 

properties and captives the Prophet 5g stood _ jy ' 'llwJl ' T e " 

up and said to them, "I have other people ' ° ^ ^ ^ ->J~^r J ^ JS* 

with me in this matter (as you see) and the J3j o*U- a|§ ^1)1 ji 

most beloved statement to me is the true °Jj^ 0< j ° \\ • \ * \\S ' '\ " 
one ; you may choose either the properties or ^* ^ ^ J ^ 

the prisoners as I have delayed their <-Ojy jl» :JUs t^r^J 

distribution." The Prophet ^ had waited > B * J ,. ... 5 

for them for more than ten days since his " 

arrival from Talf. So, when it became JUJl 1*1 i^xijUaJi ^jJ-\ Ijjbili 
evident to them that the Prophet ^ was not . ><v* x * •£ 
going to return them except one of the two , vT> - J ^y 

they said, "We choose our prisoners." The ^jb^liil ^ jl5j 

Prophet g got up amongst the people and „ < ^jr *^^( ' ' ' 
glorified and praised Allah as He deserved " ' ' ^ L ^ 

and said, "Then after, these brethren of Ml ilj ^ ^ ^5 1 d)i ^ 

yours have come to us with repentance , and I >. *' > u „ ^ \* Xx 

. . . , . . ;U>w bli :lJli --lASUaJl 

see it logical to return them the captives . So , ^ * ^ 

whoever amongst you likes to do that as a ^ ^ *. 

favour, then he can do it, and whoever of you >f ^^>. . ^ 

likes to stick to his share till we recompense \ ^ * " ^ 

him from the very first war booty which Allah jl5 j Is <. jJu U 1 » : J Is 

will give us , then he can do so (i .e . , give up 



49 - THE BOOK OF MANUMISSION (OF SLAVES) £41 y fef 



413 



us about the captives of Hawazin . 

Narrated Anas that 'Abbas said to the 
Prophet "I paid for my ransom and 
'Aqll's ransom." 



the present captives)." The people ^Jl VJ\ 01 cJlj Ujl>- 

unanimously said, "We do that (return the • ] 5 " \ - * * ° - 

captives) willingly." The Prophet jjg said, ' " . ^ 6 

"We do not know which of you have agreed OjiCf ji tJiLli dJUi 

to it and which have not, so go back and let . , tf f e > lS . 8 > s ,? . , . 

your leaders forward us your decision." So, - ^ "\ " ' *T ' 

all the people then went back and discussed jUi . « JJLllJU LlL* ^ 

the matter with their leaders who returned vt "... -,,J , ,s K > .s,, 

and informed the Prophet $z that all the * ^ 

people had willingly given their consent to <. jiL j-L> jil ^J* tij^ 

return the captives. This is what has reached ^ > ^ a > . ^ 

us about the captives of Hawazin. \^ ~ * Cf^- 

2541 . Narrated Ibn ' Aun : I wrote a letter : jL^] \ j, l&U- - Y o i \ 

to Nafi* , and Nafi' wrote in reply to my letter > , , . - m i , > . - l- 8 ? 

that the Prophet $f§ had (suddenly) attacked tf ' " * 

Bam Mustaliq (without warning while they J I £j\ ^iU ^1 cJi5 : J IS 

were heedless) and their cattle were being - . ^ , ^ 

watered at the places of water. Their fighting ^ J ^ 

men were killed and their women and ^Ji> ^-^UJlj JjjLp j 

children were taken as captives; the <> >s ^ , . liilii l£is UJl 

Prophet ^ got Juwairiya ^ fti on that 'r^ ^ c^-? cP 3 5 



day. Nafi' said that Ibn 'Umar had told him aj ^Jb- 4^*35 ^U^lj 

the above narration and that Ibn 'Umar was 
in that army. 



JjUi 015 j j^i jjl 4jI Jup 



2542 . Narrated Ibn Muhairiz : I saw Abu j_> 4jb 1 Jili- LIj JL> - Y o i Y 
Sa'id ilp 4b i and asked him about coitus 
interruptus. Abu Sa'id said, "We went with 

Allah's Messenger ^ in the Ghazwa of Bam ^ Jtl>^ ji> l j^-^Jl jIp ^ 
Al-Mustaliq and we captured some of the 
Arabs as captives, and the long separation 



49 - THE BOOK OF MANUMISSION (OF SLAVES) J£«Jt otf - tl 



414 



from our wives was pressing us hard and we aIp ill <^fj : <3^ 

wanted to practise coitus interruptus. We it »it-r 

asked Allans Messenger ^ (whether it was " CT *^ 

permissible). He said, "It is better for you bli»U jilLlJjl ^ SjJp ^ j|| 
not to do so . No soul , (that which Allah has) *. L • / M „ / 

, . , . , _ r pL*JJ1 U^t^li ^.jkJI , ,v W 

destined to exist, up to the Day of ;^ ^ " 

Resurrection, but will definitely come into JjiJl t<jjJl bl^ ooLili 

existence." . ^ . , . 

2543 . Narrated Abu Hurairah Hp &i ^3 : 1 : ^~>*j>- y t ^S>j LjJI>- - Y a 1 V 
have loved the people of the tribe of Ban! *i- 8 -u -'i-' 8 - * - 
Tamim ever since I heard three things Allah's C y ■ ^ 

Messenger ^ said about them. I heard him ^>*fj ^ a* '^JJ ^ o* 

saying, "These people (of the tribe of Bam ** „ i f > vt > A , 

Tamim) would stand firm againsMd-Dajj/a/." * - 

When the Sadaqat (gifts of charity) from that . 
tribe came, Allah's Messenger ^ said, 
"These are the Sadaqat (i.e., charitable 



gifts) of our folk." Aishah had a slave-girl to^iJl a* ^^^^ ^ If. 

from that tribe, and the Prophet jgg said to ' ) 8 ' { - * UJ| 

'Aishah, "Manumit her as she is a ^ ^ t<VPjJ ^ ^ 

descendant of (the Prophet) Isma'il t^Pjj ^ co^Ui- j <*~*'JiJ* 

[Ishmael r %Ji Up]." s f /? . t 

' cJj U :JU 0ji yb ^1 

^4jUju^ Ofri>j :Jli .« J I?- Jill 



49 - THE BOOK OF MANUMISSION (OF SLAVES) £41 uitf H 



415 



(14) CHAPTER. The superiority of him who ^Sl y> jja 4jL (U) 
teaches his slave-girl good manners . ' x <i< 

2544. Narrated Abu Musa <S &i ^y. JU^l LuJL>- - Yoii 
Allah's Messenger said, "He who has a . . r ' ' - 

slave-girl and educates and treats her nicely ^ 4 tlrt £^ ■ frfLrtl 

and then manumits her and marries her, will t sS^ ^1 to^lai 
get a double reward (See H . 5083) " \ . ' , ' . „ 

(15) CHAPTER. The saying of the Prophet jLjJU :j|g ^1 J^S 4»L Oo) 
3g: Slaves are your brothers, so feed them - \>.y Y fl , > e * , v e 
with the like of what you eat. ' ^ r*^ U 

And the Statement of Allah JU; : : JU; <bl J^Sj 

"Worship Allah and join none with Him .'Jj'ft/ ^ i^*' '*\ 

(in worship), and do good to parents, A h S*^* J ^ 

kinsfolk, orphans, Al-Masakln (the poor), t>^Q*t> 

the neighbour who is near of kin, the ^r-v ^,>^ .xr*- 

neighbour who is a stranger, the companion y - " > • J 

by your side, the wayfarer (you meet) and Jjfj ^J^>Jt v^-U^fj cJ^t 

those (slaves) whom your right hands posses. < x* *^>v ' <»; 

Verily, Allah does not like such as are proud ^ ™ ^ Uj 

and boastful." (V. 4:36) ^^^^ o£=> 44 

tii^ j^p j>\ Jli [n 

y^U^ :iJ£X\ 

2545. Narrated Al-Ma'rur bin Suwaid: I ^1 ^ ^ST \iSl>- - Yolo 
saw Abu Dhar Al-Ghifari «1p &i wearing a 
cloak, and his slave, too, was wearing a 

cloak. We asked him about that (i.e., how ^ jj^JUJl cJLJ* :JIS 
both were wearing similar cloaks). He 
replied, "Once I abused a man and he 

complained of me to the Prophet ^ . The ^^Lp j <JLi iILp j iib 1 

Prophet ^ asked me , 'Did you abuse him by 
slighting his mother?' He added , 'Your slaves 



s ^ ^ $ °t. ^ > 



49 - THE BOOK OF MANUMISSION (OF SLAVES) jSall y - il 



416 



are your brethren upon whom Allah has ^LSJti cJL 

given you authority. So, if one has one's ^ ;# f fj, ^ 

brethren under one's control, one should ' ; " J ^ \ 

feed them with the like of what one eats and ^JJ^" f-^j-^! : J^i ^ 

clothe them with the like of what one wears . ' > e * - ^, >>r^ 

You should not overburden them with what u \ - * 

they cannot bear, and if you do so, help them J5"Ij lL° ^IJaJLi oJb cJj a 1 

(in their hard job) " , • * M >^ > e 

(16) H\PTER. (The reward of) a slave who Zj SSLp ty 4*M 

worships his Lord (Allah) in a perfect 'jCLi " ' * 

manner and he is also honest and faithful 6 " CT^^ 

to his master. 

2546. Narrated Ibn 'Umar u£i & \ jj <Sil JUp llijU>- - 

Allah's Messenger M said, "If a slave is , ... e . , m e . c^r e . 
honest and faithful to his master and y ^ * ^ 

worships his Lord (Allah) in a perfect j^j jl : 1*4^ tlrfJ 
manner, he will get a double reward." (See >^ . ^ ; ,r, ^ ^. 

H.5083) " C~ * ' ^ ' 

[TOO. ; ^1] 

2547. Narrated Abu Musa Al-Ash'ari ^ : ^5 it^J l^IU- - YafcV 

ilp 51* 1 : The Prophet said, "He who has a * . e . > • > ■ . t 

slave-girl and teaches her good manners and y y ^ " ^ 

educates her and then manumits and marries ^ 1 <. oS^> ^ I <. j^A-JtJ I 

her. will get a double reward; and any slave >. . . . -ivn - > 

who observes Allah s Right and his master s ^ - - ^ ^ 

right will get a double reward." (See H. aJ oJLS jij UjU ^131 Jli 

2548 . Narrated Abu Hurairah 

Allah's Messenger M said, "A pious slave , t t--°f 

gets a double reward." Abu Hurairah added: y - • 



49 - THE BOOK OF MANUMISSION (OF SLAVES) 



- M 417 



By Him in Whose Hands my soul is but for 
Jihad (i.e., holy battles), Hajj, and my duty 
to serve my mother , I would have loved to die 
as a slave / l) 



2549 . Narrated Abu Hurairah 
The Prophet said , "Goodness and 
comfort are for him (the slave) who 
worships his Lord (Allah) in a perfect 
manner and serves his master sincerely." 



(17) CHAPTER. It is disliked to look down 
upon a slave or to say, "My slave" or "My 
slave-girl 

Allah JU; says : 

"And (also marry) the Salihun (pious, fit 
and capable ones) of your (male) slaves and 
maid-servants (female slaves)..." (V. 24:32) 

And Allah said, 

"A slave (disbeliever) under the 
possession of another" (V. 16:75) "... They 
both found her lord (i .e . , her husband) at the 
door..." (V.12 :25) "... believing girls [from 
among those (slaves) whom you right hands 
possess]..." (V.4 :25) 

And the Prophet ^ said , "Get up for your 
master." 

Allah says : 

"...Mention me to your lord (i.e., your 
king so as to get me out of the the prison) . . ." 
(V.12:42) 



4jbl Cj^j * j-j* y) * ^yk 
iijiUl JlU_U» :«H 4b I JjH^j Jli 

^1 J^P t^JLs^? y\ LjJL>- I^Lo-P^l 

<bj !oLp ^-r*^ p-?^*"^ ^^i" • 3i§ 
^1 jl :4JJ5j .JJ^JI 

dltj^ [Vo :J>J1] 4^ t££^ 
:Jlij [to -.^y] ^ 

[To :,UJ|] il^^X\ 

. i3JL*~» -Up ! [iT : ±Ju»fj] 



(1) (H. 2548) Abu Hurairah mentioned ///lad, Hajj and duty towards mother as obstacles in 
the way of his wish, because a slave cannot practise any of these actions without his 
master's permission . (Qastaldni) . 



49 - THE BOOK OF MANUMISSION (OF SLAVES) jSall y ttf - 11 



(The Prophet £g said), "And who is your 
master?" (1) 



418 



2550. Narrated 'Abdullah J-pfti^: The Ujb- UiJi - Too* 
Prophet #; said, "If a slave serves his Saiyid j, , > , 

(i .e . , master) sincerely and worships his Lord ^ ^ ' 

(Allah) perfectly, he will get a double <up %\ <3bl Jup ^p t^aU 

reward." (See H. 5083) . r ,r . ^ 

v ' oJL^ JLxJI bl » . Ju j^Jl 

[Ton A^'ji 

2551 . Narrated Abu Musa &i ^5 : The JlL^J Llil^ - Y o ^ 
Prophet M said , "The Mamuluk (slave) who B ^ . . --it n i vi-ti 
worships his Lord (Allah) in a perfect u ^' 

mariner, and is dutiful, sincere and CffJ ^ if tS3 jr! <y) if 

obedient to his Saiyid (master), will get a ^ ^ " # . ^ 

double reward." (See H. 5083) U & ST 

2552 . Narrated Abu Hurairah fti ^3 : lii>- : iLiJ l^l>- - Y o o Y 

The Prophet M said, "You should not say, , ,. ■ * 

Teed your lord (Rabbaka), help your lord in \ u~ „ ^ 

t . . , , . . . ^ * i t " " 

performing ablution, or give water to your t>*fJ ^' : Jr^ 

lord' but should say, 'My master (e.g. feed „ > - ^ 

your master instead of lord) (Saiyidl)\ or 'My ^ J ST 

guardian (Maulal)\ and one should not say, j p-*^' : ^JL^-I ji> ^ H 

'My slave ('Abdi)\ or 'My girl-slave (Amatl)\ . » >a 4 .js w ? 

but should say, 'My lad (Fatal)', 'My lass " J ^ * ^ J ^ ' J 

(Fatatty, and 'My boy (Ghulami):" t^Jup : ^i^i ^ • ti^^ 

2553. Narrated Ibn 'Umar fti ^y. :oUiJl UjJ>- - YooV 
The Prophet ^ said, "If one manumits his 



(1) (Ch. 17) This chapter recommends that one should not call his slave a slave; yet the 
word is used by Allah and His Messenger on many occasions . In this chapter the male 
slave is called Abd in Arabic ; the female slave Ama ; the master Saiyid ; or Rabb . The 
slave is also called Mamluk, and the female slave Fatat. 



49 - THE BOOK OF MANUMISSION (OF SLAVES) £41 ^ |tf n 



419 



share of a common slave ('Abd), and he has ji- t^iU ji- dr! jij*r 

money sufficient to free the remaining , . 

portion of the price of the slave (j ustlv - - 

estimated), then he should free the slave a] LwaJ jip! 

completely by paying the rest of his price; . ^ ^ - £j ' ^ 

otherwise the slave is freed partly." £yt ^ o* *•> „. 

5^ t>° J^'j tJjlP <U~5 aIIp ^^5 

fro-"- 5 

. K JlP L> Ala Jip| JU5 

2554. Narrated 'Abdullah Us fti lijb- : SllJ llja>- - Yaoi 
Allah's Messenger said, "Everyone of ^ ^ s „ 

you is a guardian and is responsible for his ^ ^ ^ 't-**^ 

charges . The ruler who has authority over 1 : <up <u I ( ^ r i» j 5b I Jup ji- 
people, is a guardian and is responsible for , if> - t , „ 

them, a man is a guardian of his family and is ^ \ ~ J - ^ J 

responsible for them ; a woman is a guardian ^JJl ^^li ^ J j~~°J 

of her husband's house and children and is „ * . r 

responsible for them; a slave ( £ .4fc/) is a > * J rt^ 'C J ^ ^ 
guardian of his master's property and is jAj J^^J * (*4^ J J 

responsible for it; so all of you are *\ 9 j^\ j I - ^ • ^ 

guardians and are responsible for your 6 J f^" J-* 

charges ." ^ j ajj j j Iglil cJJ ^JLp Zj> \j 

JL> ^ ^ iliJlj .jLJ^ 

[A<\r i^ij] 

2555 , 2556 . Narrated Abu Hurairah ^ Jil L. - Voo^ ^000 
*<s %\ and Zaid bin Khalid : The Prophet ^§ 
said, "If a slave-girl (Ama) commits illegal 

sexual intercourse , scourge her ; if she does it : 4i I JlIp ^J?J^>- [$ ' 

again, scourge her again; if she repeats it, 
scourge her again." The narrator added that 
on the third or the fourh offence , the Prophet cJJ IS I » : J 15 ^ ^1] i ( v r i- jj L>- 
3g said, "Sell her even for a hair rope." .r. ts { . Y. * ^% , 

tUjjLU-li cJj IS1 p tLAjJLb>-li 

s > ' ~- t ^ i 



cui^ : 5b I jlIp ^ jl>- : jky> I 



49 - THE BOOK OF MANUMISSION (OF SLAVES) jMll utf - i<\ 



420 



(18) CHAPTER. When your servant brings ioU j^Jb-l ^1 OA) 
your meal to you? ^Ukj 

2557. Narrated Abu Hurairah ilp ibi ^3 : llii>- - Y V 

The Prophet said, "When your servant . | . . JUl» 

brings your meal to you then if you , do not let ' * ^ 

him sit and share the meal, you should at U cJU~- : ^Lj 

least give him a mouthful or two mouthfuls of ^ s, . . > A . 

that meal or a meal or two meals , as he has " J y ^ ^"^ 

prepared it." Lol> ^SxJ-\ ^\ 131 » : Jti 

(19) CHAPTER. The slave is a guardian of JU iliJl : ujL ( H) 
the property of his master. 

The Prophet $H has referred the 
ownership of the property to the master . 



^1 J UJ I $|| I c-. . i j 1 Ju^» 



2558. Narrated ' Abdullah bin 'Umar ^ :jUJi ^1 Lio^ - 

lU^ that he heard Allah's Messenger #| „ , * ? f 

saying, Everyone of you is a guardian and is - -i y - ^ 

responsible for his charge; the ruler is a jIp ^ 1 50 \ jIp ^1 pU» ^fj^ 

guardian and is responsible for his subjects; . K . .* **> a . 

the man is a guardian of his family and ^ J y^ - 

responsible for his charges ; a woman is a : 6 *l| <fo I J £^ 

guardian of her husband's house and VM . s „ , . , , 

responsible for her charges ; and the servant ^ # — ^ ^ J y 

is a guardian of his master's property and is ^ J^Jh c 5~£j 0* <Jjj~*J 

responsible for his charge." I definitely heard & , . . \ > • * t - \°\ 

the above from the Prophet and think that — ^ ^ JJ y " 

the Prophet ^ also said, "A man is a aIpIj Lp-j3 

guardian of his father's property and . U^p' 9 ' aJ ^ ° ' 

responsible for his charges ; so everyone of ^ f ' ^ J ^ 

you is a guardian and responsible for his ^ o^y^ ?t3^ 

charges." „ VI \ > . . r # a . 

jjj-l^j $S\ ju ^ j4-^b )> 



49 - THE BOOK OF MANUMISSJON (C-f SLAVES) jS«I! y tf - « 



421 



[A*\r:^lj] jp JjJ— i 

(20) CHAPTER. If somebody beats a slave, ±4*$ yy» \i\ < Y * ) 



he should avoid his face. 



2559. Narrated Abu Hurairah <Ip fti : JuIp JilAi ^i>- - Too A 

The Prophet |g said , "If somebody fights (or 

beats somebody) then he should avoid 

(hitting) the face." ^1 J'jJ-\ j :<3l3 ^ ^ JlUU 

•* *■ 

jp -up mil 0ji yb ^1 j_p 

^ & & j^j ^ .it $\ 



^ : J li e-Jbj ^ 1 Lo jl>- : 4i 1 



'JL5 ^ j^lil aIp ill ^y^j 

.((4^1 ^>4ii ^ii^i jits bi» 



50 - THE BOOK OF AL-MUKATAB <-JtWI otf 0- 



422 



50 -THE BOOK OF AL-MUKATAB u-Jl^oll t^tef - 0* 

(A slave who binds himself to pay a certain 

amount equivalent for his freedom by 
seeking writing of emancipation from his 
master) . 

CHAPTER. The sin of one who falsely 4<> JjL* oiS y> jjj ub 

accuses his slave of illegal sexual 

intercourse. 

(1) CHAPTER. Al-Mukatab and the payment ^aaj^j uJl^Ul uL O) 

of his price by yearly installment. " " * » ; < - 

And Allah's Statement : **** 

"...And such of your slaves as seek a IjL- o^L L$jfy 

writing (of emancipation), give them such . , ^ ^ ^ > ^ diCU 
writing, if you find that there is good and fft °> P"*-*^ ^ 

honesty in them. And give them something 
(yourselves) out of the wealth of Allah which 
He has bestowed upon you . . (V .24 :33) 

Narrated Ibn Juraij : I asked 'Ata' , "Will it 
be necessary for me to give a slave the writing 
of emancipation if I come to know that such a 
slave has money or property?" 'Ata' replied, 
"I consider it obligatory." 

'Amr bin Dinar asked 'Ata', "Have you a 

proof (narration) for your verdict?" He 

replied in the negative and added that 

Musa bin Anas told him that Sinn sought JU " 01 *** ] & 

from Anas a writing of emancipation, and JUJl JlSj aJL^IJI LJ! 

Sinn was a very rich slave, but Anas refused - r K „ „ > 'Tt'V 
, . _ ; <J Lo5 <cp <bl "-^3 j J i , lUaj li 

to grant him his desire. Sinn went to Umar <-T^ v ^ u 




aIp fti who ordered Anas with his lash and ^li- ojjiS L il^Jis ^ li 4^15 

recited: „ . *> ^ , * >> i^k 

'Give them such writing, if you find that : ^ trf i r^J^f 
there is good and honesty in them...' .aJLS^ [YT 

(V. 24:33) 

Anas then gave him a writing (of 
emancipation)." 

> <? 

2560. Narrated 'Aishah i^l* iiii that :^-J^' <-^J ~ 

Barira came to seek her help in her writing of 
emancipation and she had to pay five Uqiya 



50 - THE BOOK OF AL-MUKATAB 



423 



(of gold) by five yearly installments . 'Aishah 
said to her, "Do you think that if I pay the 
whole sum at once , your masters will sell you 
to me, and I will free you and your Wala^ 
will be for me." Barira went to her masters 
and told them about that offer. They said 
that they would not agree to it unless her 
Wala would be for them. 'Aishah further 
said, "I went to Allah's Messenger ^ and 
told him about it." Allah's Messenger ^ said 
to her, "Buy Barira and manumit her and the 
Wala' will be for the liberator." Allah's 
Messenger m then got up and said, "What 
about those people who stipulate conditions 
that are not present in Allah's Laws? If 
anybody stipulates a condition which is not in 
Allah's Laws, then what he stipulates is 
invalid. Allah's Conditions (Laws) are the 
truth and are more solid." 



jl : Ifip 4)1 ^J>j LiSlp dJU 



(2) CHAPTER. What conditions are 
permissible for a writing of emancipation 
and whoever stipulates conditions that are 
not (present) in Allah's Book (i.e., not in 
accordance with Allah's Laws) . 

Ibn 'Umar narrated (th$ above) . 

2561. Narrated £ Urwa that 'Aishah &i 
1$Ip told him that Barira came to seek her 
help in her writing of emancipation (for a 
certain sum) and at that time she had not 
paid anything of it. 'Aishah said to her, "Go 
back to your masters , and if they agree that I 
will pay the amount of your writing of 
emancipation and get your Wala\ I will do 



^4^> cr^- W^ 1 ^ 

14! cJU^ ^jJJ- Lfrllp 

?J iljNj bj4 v 1 -^ 

J Us t i! JJL!i o jSSi 5g| 4) I J 
L^ipU l^jjliU 4)1 J jLj LgJ 

JU-j JL U)) ^ 4)1 Jj-ij 

jJ-\ 4)1 J?^i ^J^^ >6-* ^ 

t4)l ^lif ^ 

; LL>JL>- - 



Yon ^ 

jl I^Ip ibl (^sfj i-ijU- J( 



(1) (H. 2560) Wala': See glossary. 



50 - THE BOOK OF AL-MUKATAB wJ&JI ui^ fi * 



424 



so ." Barira informed her masters of that but jli S\X I Jl <j*>~j \ : <^U> If) 

theyrefusedandsaid,"Ifshe(i.e.,'Aishah) ^ ^ , «^ 

is seeking Allah's Reward, then she can do , ' ^ ^^7^ 

so, but your Wat/a' will be for us." 'Aishah iili c/^Ai . cuiii ^ .iSjNj 

mentioned that to Allah's Messenger # who ^f^ u ^ . , ^ ^ 

said to her, "Buy and manumit her, as the * ^ 

Wala? is for the liberator." Allah's Messenger Jj-Xjj t 4^-^ v^^^ 

then got up and said, "What about the A . . > . 

people who stipulate conditions which are " - ^ ^ ^ - 

not present in Allah's Laws? Whoever L ^^?' ,) ^jH 5^ J j tfJ S|| 

imposes conditions which are not present in rrj £^-J| ""'li 

Allah's Laws, then those conditions will be ' * * 



invalid , even if he imposed these conditions a : J Us S|| <b 1 J ^**» j p li p : J li 

hundred times. Allah's Conditions (Laws) r. >> : t> -i- ,.f Ai i ™ 

are t he truth and are more solid . ^ ^ < " V * ^ 

2562. Narrated 'Abdullah bin 'Umar^ ^ 41 JUp - YOY 
L4^ ii» i : 'Aishah l^U ftl ^5 wanted to buy a t * u ? ' t JfjLJU U' M * Ck*~ * 
slave-girl in order to manumit her. The girl's 4 ^ ^ ' 
masters stipulated that her WalcC would be L>4^ ^ <>f j ^ ^p 

for them. Allah's Messenger jg said (to ^ ^ ' ^ ^ 

'Aishah), "What they stipulate should not ™^ { ^ r J / . . . , 

stop you, for the WaW is for the liberator." JUi t LfiiiiJ aJjL>- [$ o\ 

Jli clU U?Nj Si Jli- 

i^LJ SNjJl L^Jp 

(3) CHAPTER. Al-Mukatab is permitted to ^JljJ-^ ^JlSCtll 5;U^I ^) 

ask others to help him (get his liberation). ' i-H 

2563. Narrated 'Aishah l^Ip ft I ^3 : Barira ^ Jl!_5_£ Li-Jjui- - Y 

came (to 'Aishah) and said, "I have made a > , --1 ? n 1 1 - . 

contract of emancipation with my masters for ^ ■ 

nine L^ija (of gold) to be paid in yearly <>fj If t^l 
installments. Therefore, I seek your help." 



50 - THE BOOK OF AL-MUKATAB u-j&JI «utf - 0- 



425 



'Aishah said, "If your masters agree, I will ^j-ij^. o£L>- :cJli L^_Lp <ul 
pay them the sum at once and free you on - r \°\ ' °-\< *i • * \\ 
condition that your Wala' will be for me." ^ ST* ^ :cJU * 

Barira went to her masters but they refused . J^\i ^ U- ji ^ Jljl 

that offer. She (came back) and said, "I ? *" > * tf „ * * - 

presented to them the offer but they refused, °' ^ • °' : ^> 
unless the Wala' will be for them." Allah's sl^lj si* ^ ulil 

Messenger 3g heard of that and asked me . * t ,\i\t . > i' r 

about it, and I told him about it. On that he ^ * ^ ^ J d ^ 

said, "Buy and manumit her and stipulate :cJUs t l^llp dUi l^li L^iil 

that the W2/0' should be for you, as WaW is J ^ . - - > * ^ 

for the liberator." 'Aishah added, "Allah's °' , 1 ^ U * 

Messenger £g then got up amongst the iUJu . ^ 'X^' 

people, glorified and praised Allah, and -j^ *^ jlli *l J 

said , 'Then after : What about some people * iJ? SSs ^ 

who impose conditions which are not present ^J* ' J ^ 1 

in Allah's Laws? So, any condition which is - , ■ * \ * . vt ti * , vt , 
not present in Allah s Laws is invalid even if u ^ * ^ 

they were one hundred conditions. Allah's ^ 3gg <bl J^u-j ^Us : 5JLjLp cJli 

Ordinance is the truth , and Allah's Condition "> : j , „ * a 

is stronger and more solid. Why do some ^ J ^ 

men from you say, 'O so-and-so! Manumit Jb-j JL> U t JiAJ : J Li 

the slave but the Wala' will be for me?' * . . „ * . , > - ^ . , 

Verily, the »Wfl' is for the liberator." ^ - S* 9 ^ 0>/A: 

^ J u4 otf jj^s uft 

.J^i <5U OlS" h\j JJpL ^ 4jI 
: ^-ao>-I ^° 

[ion r^ij] jIJ iV^Jl 

(4) CHAPTER. The selling of a Mukatab on ^ j ^JliUJl ^ ub (1) 

his agreement. ^ " > ' - 

^Aishah L^Ip 3bi ^ said, "A Mukatab & U ^ > ^ 

remains a slave as long as he has not paid the U : c-j U ju j J IS j . ^ <I1p 
whole amount." Zaid bin Thabit said, "He '|Jli *" 

remains a slave even if he owed one ' ^ J ' f*-*' ^ 

Dirham." Ibn 'Umar said, "He remains a U jjj <L>1* d\j oj jup 

slave whether living or dead , or became ¥ g - 

insane, so long as he still has to pay ' ^ 



50 - THE BOOK OYAL-MUKATAB uJ&Jl 0- 426 



something (from the writing of 
emancipation) ." 

2564. Narrated 'Amra bint 'Abdur- ^ 4)1 ili li^JUi- - YoM 
Rahman: Barlra went to 'Aishah, the . . JlJlo IT M ' CkL * 
Mother of the faithful believers \fr &i ^j, ^ ^ ^ ■ ^-^Ji 
to seek her help in her emancipation . 'Aishah : 1 ojj S^li ji- t ■J^^ 
said to her , "If your masters agree , I will pay * 9 *\ ; ' - * i 
them your pnce m a lump sum and manumit \ - - v-^. 
you." Barira mentioned that offer to her cJUi <. L$Ip 4)1 <^-^j Irhtj^^ 
masters but they refused to sell her unless the « > * ^ s '1 M -ri 
^i' will be for them. 'Aishah told Allah's , ' °, • ^ 
Messenger £H about it. He said, "Buy and . cJi*i J SJi ^ J 4^ 
manumit her as the Wala' is for the , . ..t, - tt ) „ . ^>'r 
liberator." : ^ ^ ^ ^ ^ 

[tfli :c? .ij] i^i 

(5) CHAPTER. If a Mukatab slave asks ^J^iil Jl5 ill uib («) 

somebody to buy and free him, it is ^ . u * \.» 

permissible for that person to buy him. ^ ' J ^ ' 

2565. Narrated 'Abdul Wahid bin Aiman: l£U : y\ l&U- - ^o^o 
I went to 'Aishah &i ^5 and said, "I was . t ****** . 

the slave ofUtba bin Abu Lahab.'Utba died *° ^ ^ ^ ^ 

and his sens became my masters who sold me I^Ip 3b I ^>*fj LIjLp cJUo 

to Ibn Abu 'Amr who manumitted me. The * 

sons of 'Utba stipulated that my WalcC should • ^ 

be for them." 'Aishah said, "Barlra came to f4-*i3 *> ^jjj ^-^J 

me and she was given the writing of •-- ^ • ' | | -^^^ 

emancipation by her masters and she asked v^*^ Jj-** i/i crt i>? i/^* . 

me to buy and manumit her, I agreed to it, ^NjJl <lJLp jjJ j tj^l 

but Barira told me that her masters would not t . cJj.' cJU£ 

sell her unless her WalcC will be for them." ^ 

'Aishah said, "I am not in need of that." icJli . ^jJcs> U ^j^t : cJUs 

When the Prophet ^ heard that, or he was s . > . * M " /. f. - . r 

told about it, he asked 'Aishah about it. ^ m *~ x 

'Aisjiah mentioned what Barira had told her. l>-[>- N : cJUa . ^J^lj 1 j& 
The Prophet ^ said, "Buy and manumit her 



50 - THE BOOK OF AL-MUKATAB u-2l£Jt wltf - 0- 



427 



and let them stipulate whatever they like." - ^ iUJu tiUJu J 

So, 'Aishah bought and manumitted her and c ; ; .r 'V'- >'V 

her masters stipulated that her should ' ^ ^ ^ , ~ 

be for them. The Prophet 2§ said, "The : JL5i t If! cJli U lijlp o^SJi 

WaW will be for the liberator even if they ^ . „ . . . ^ 

stipulated a hundred conditions." U r*rf*J 

Lg-li : J- li 4JL3 U LgJjjL-i li « i j Li 



51 - THE BOOK OF GIFTS Ifclt jia^ij ItfUij i^S\ wtf - 6\ 



428 



51 - THE BOOK OF GIFTS AND IgUa&J 4^1 ujltf - Ot 
THE SUPERIORITY OF GMNG GIFTS * . , 

AND THE EXHORTATION FOR U^* - 
GMNG GIFTS 

(1) CHAPTER Superiority of giving gifts . LfJI J^u uiL ( ^ ) 

2566. Narrated Abu Hurairah il£ ^3 : : {Js> ^ p-f 1* &*A>* - Y oil 

The Prophet 2g said, "O Muslim women! J" „ o. t > 

None of you should look down upon the gift V ; ' ^ ^ 

sent by her she-neighbour even if it were the ill I j S^y* ^ \ jZ> tol 

trotters of the sheep (fleshless part of legs)." . . 'n- s u - 

f- Lj « .* <J Is j^jj 1 j^p <up 

[ v w : ^1] ,«sLi jJj 

2567. Narrated *Urwa : 4 Aishah iii 1^3 ^ y^Jl llJJL>- - YolV 
said to me, "O my nephew! We used to see t ' / , . ; tf ^ •-in i, 
the crescent, and then the crescent in this ^ - 

way we saw three crescents in two months JbjJ js- ^fj^ 

and no fire (for cooking) used to be made in ^ . , ^ , c 1 » > . „ - ' > 

the houses of Allah's Messenger I said, ^ J ^ ^ t0J ^ ^ ' JJ 

"O my aunt! Then what use to sustain you?" j»\ : Sj^iJ cJIS : ill I 

'Aishah said, "The two black things: dates u >fe?\ • | t „ # . j 

and water, our neighbours from /l/isar had f ' - - ^ -^y ^ ' 

some Mand'ih^ and they used to present Uj ^^-^ c** JMgJl 

Allah's Messenger m some of their milk and 1 , , >1 . .* . • ' f 

he used to make us drink. w - - ' - 

Al J^J OlS Ji it ^1 c^UJlj 




(2) CHAPTER. Giving a little as a gift. 5^11 ^ JJiJI (T) 



(1) (Ch . 2567) Mand'ih is the plural of Maniha , which means a special sort of gift in the 
form of a she-camel or a sheep which is given temporarily so that its milk may be used 
and then it is returned to the owner . 



51 - THE BOOK OF GIFTS ttfic j3Uj*$\j l^Uf} wtf - OS 



429 



2568. Narrated Abu Hurairah 

The Prophet gg| said, "I shall accept the . * c * . , « ^ \ * \ ljjl>. 

invitation even if I were invited to a meal of a ^ 0* ^fS'i* ^ ' 

sheep's trotter, and I shall accept the gift ^1 t ^jl>. ^1 tJUJLi* 

evenif it were an arm or a trotter of a sheep." -"^ »/ , „ 

2^ cprJI 0* ^ 4)1 CffJ l jtjr* 

to WA : ^i] .«cJLl! 

(3) CHAPTER. Whoever asks his friends to CSgA J* ujL (r) 

grant him a gift . ? * * 

Narrated Abu Said that the Prophet JLS : ^1 Jlij 

said, "Assign a share for me with you." r e . „> . , . 

2569. Narrated Sahl & ib! The : ^ ^1 ^1 - YoU 
Prophet ^ sent for a woman from the *• Ll£ '| UJjb- 
emigrants and she had a slave who was a ^ ST* ' ^ ' 
carpenter. The Prophet 3i said to her "Order JM : aIp <ul ^3 ^ 

your slave to prepare the wood (pieces) for „ m y . " '1 * # t /'ft 

the pulpit." So, she ordered her slave who ^ ^ cPl J-^ 3gs t^r^ 1 

went and cut the wood from the tamarisk and t j ^ f ^ ^ t>\£ j Cjtj>- ' 

prepared the pulpit for the Prophet «g. ^ , J /' 

When he finished the pulpit, the woman U**^ , . \£j* • W 

informed the Prophet ^ that it had been JJ>is Ujlp c/^U . « ^JLlI Sl^pl 

finished. The Prophet jjjfe asked her to send ' > . r . . . r - 

that pulpit to hir*, so they brought it. The ^ ^ t^ 3 ? ls > J1 a? <^ 

Prophet lifted it and placed it at the place Z] ^Ji\ Ji\ cJLijI oLii ttii 

in which you see now." ."f . ^ - . . = . ; 

trvv i^ij] 

2570. Narrated 'Abdullah bin Abu Qatada ^ jj^l jlp - YdV* 
Al-Aslami that his father ^ fti ^3 said, * li^J -/ju | 
"One day I was sitting with some of the ^ Sf^ ' - 
Prophet's companions on the way to 4)1 jlp ^f^^" c^' fc j**^ 
Makkah. Allah's Messenger %g was ahead j * '\ 

of us . All of my companions were in the state ^ ^ c 0j " tl^ 

of Ihram while I was a non-Muhrim. They 
an onager while I was busy repairing my 



51 - THE BOOK OF GIFTS Ifeic gfc-L^'j W**} W uitf - 01 



430 



shoes, so they did not tell me about it but ^ ^i3l uLw»l ^ JU-j 

they wished I had seen it . By chance I looked ^ A >. > , £ * 1 ' 

up and saw it. So, I turned to the horse, m °^ JJ ^ ^ ^ 

saddled it and rode on it, forgetting to take lilj pill,? Liu! Jj^ 

the spear and the whip. I asked them if they ^ '^*J L ' '\ I * ' °U * ' 

could hand over to me the whip and the spear ^ 4 " f J " ^? : f > ^ 

but they said, 'No, by Allah, we shall not ^J> y'y^ ^ii i JJ6 t^L^it 



help you in that in any way.' I became angry J^j^ J;* ' *l ' 1 6 J \ i <u 

and got down from the horse , picked up both C J ^ J ' ^ ^ ^ ^ 

the things and rode the horse again. I 4i>-jJ-U cu*J& 4j^ajU 

attacked the onager and slaughtered it, and ' J^vl]| - * cJ5" 1:1 * 

brought it. They took it (cooked some of it) ^ ^ - - f" 1 

and started eating it, but they doubted t^lj JJ^LJI ^j^j^ cJUi 

whether it was allowed for them to eat it or e r , * v , A . v , . -J, _r 

not. as they were in the state of Ihram. So, ' ^ 

we proceeded and I hid with me one of its ^ U^J^- U cJjji . %^s~>. 

forelegs. When we met Allah's Messenger^ ^o-.r , tl > . 

and asked him about the case , he asked , Do ^ - ' ^ 

you have a portion of it with you?' I replied in <ui I ydy o U jSj c^> ^ 

the affirmative and gave him that fleshy » ffi * | J^* oJ ^ 5 * tijj^t 

foreleg and he ate all of it , while he was in the r*F^ S* 5 f^' f" 1 - 

state of Ihram." JUaJUl oUi j Liy c f^" p-* J 

& ^» :JUi ^ 
l$KU JiiSJ 1 i3j Li (, : cJii 

(4) CHAPTER. Whoever asks others to give c Ju^\ ^ 4^1 L ( i) 

himWater - ^il 6i JU 

2571. Narrated Anas ^ Once : jJli^ ^ jJl^ l£jL>- - YoV^ 

Allah's Messenger visited us in this house ^ ' OUJLi L^Jb- 

of ours and asked"&>r something to drink. We ^ ^ ' * ; ^ 

milked one of our sheep and mixed it with jlp 4jI jlp : <uJ*l - aJI^Ip 
water from this well of ours and gave it to 



51 - THE BOOK OF GIFTS Ifelc IflUaij utf - 01 



431 



him . Abu Bakr was sitting on his left side and ( yj> j LJl : J li - J \ 
'Umar in front of him and a bedouin on his 
right side. When Allah's Messenger 

finished, 'Umar said to Allah's Messenger ©Li «J liliii ^111 li oJj* U jlS ^ 

"Here is Abu Bakr." But Allah's u s ^ • 

Messenger ifg gave the remaining milk to S ' Si * ^ P"* 4 

the bedouin and said twice , "The (persons on y^j J* JZ> J>) j t^llapti 

the) right side! So, start from the right side." r^r.srr * * * - r • t *'\ - 

Anas added , "It is the Prophet's Sunna ," and t/ * ^ ^ & ^ J ** * 

repeated it thrice . ^J* 2 *^ 4 y} ^ : j** J^i 

(5) CHAPTER. Accepting the gift of game. JlL^I ^Jli J^S 4^L («) 

The Prophet ^ accepted the fleshy fore- olii ^1 ^ 4 * y J| JJj 
leg of the game from Abu Qatada. " ~" A ° ^ 

2572. Narrated Anas <S %\ We ^ SU-JLi ll5ju>- - Y«VY 
provoked a rabbit at Marr-az-Zahran till it ^ , „ £^ 

started jumping and the people ran after it f ' ^ c ' 

but were exhausted. I overpowered and ^1 ^ miJUU jj\ jj Juj 

caught it, and gave it to Abu Talha who , . <:•* k f 

slaughtered it and sent its hip or two thighs to • c^r •> 

Allah's Messenger . (The narrator l^Sji li I I ^yLli j I 

confirms that he sent two thighs) . The c - ? , t . > *'\. ■ > * - 1 . 

Prophet £jg accepted that . (The subnarrator ^ ^ 

asked Anas, "Did the Prophet £g eat from :*|§ 4&I Jj-^j t L^JJlS 

it?" Anas replied, "He ate from it.") Sf , ^.r , .'.r . ^ 

. <uJ : J li to J5 1 j *. J li 

(6) CHAPTER. The acceptance of a gift. £ JL^Jl JjIS 

2573. Narrated As-Sa'b bin Jaththama :Jli J^^! &^>- ~ 
ilp ft 1 An onager was presented to 
Allah's Messenger |g at the place called Al- 



51 - THE BOOK OF GIFTS Ifcit JHj^^ l*Uaij 4rfM y 01 



432 



Abwa' or Waddan, but Allah's Messenger y t a2p ^ <bl Jup ^ <iil allp 

rejected it . When the Prophet #| noticed the " , ./„ a , • - 

-^p t ^Up v 4)1 Jt*p 

signs of sorrow on the giver's face he said 



"Wehavenotrejeetedvourgift,butwearein : %\ ^>f>j ol£>- ^ 

the state of Ihram" (i.e., if we were not in a * . . . . > M ' 

state of Ihram we would have accepted your - " J ; - ^ ^ 

ir * , Fath Al-Bari) . g\*j> j\ ?^^L ^* J fe^J 

: J LS U ^Ij llii t<Iip 

. if^. lit iJQp ^ LM Ul» 

(7) CHAPTER. The acceptance of a gift. &L$JI J^IS c^L (V) 

2574. Narrated 'Aishah, Jai The j-> (t-^IJJj llijb^ - YoVl 

people used to look forward for the day of my bJj^ ' " jlp bJjb- * ' ' 

(' Aishah's) turn to send gifts to Allah's c f ' " * * 

Messenger |g in order to please him. : I^Lp 4)1 j 4-^oLp ^ <, a*j] jp 

Oj-*^*J J 1 t Igj OjjCLj 4^io Lp 
t T OA » : .5H 4b 1 Jj^j 5Li^ 

[TWO t T oA ^ 



4jI 



2575. Narrated Ibn 'Abbas uj^ fti LJjl^ : ^1 LJjl^ - YoVo 
My aunt Umm Hufaid, sent some dried . . > , '* 
yoghurt (butter free) , ghee (clarified butter) V ~* ^ ~ ' 

nd a mastigar (sand lizard) to the Prophet ^1 jp ^ 

2§ as a gift. The Prophet #J ate the dried - .f . . . . 

yoghurt and butter but left the mastigar ^ ^ ^ y ■ 

because he disliked it. Ibn 'Abbas said, ^ts* ^1 iJU- jlai j»l 

"The mastigar was eaten at the table of " llil" Lli Uail 

Allah's Messenger |jg and if it had been ^/a ^ *" * J J " ^ 

illegal to eat , it could not have been eaten at N I hj> j jZZJ \j Jai N 1 ^ 

the table of Allah's Messenger M ." -,^f. > . - tl . -r 

Ul_^>- 015 ^Jj ^ <i)l J j-^j 

[VToa t oi.T t oTA^ : JiJl] 

2576. Narrated Abu Hurairah ^ <tii ^3 : ^ ^C-^I^jI llijL>- - Y oVl 
Whenever a meal was brought to Allah's 



51 - THE BOOK OF GIFTS jiu^'j wtf - 0\ 



433 



Messenger^, he would ask whether it was a h^a>- ijAiLlI 

gift or Sadaqa (something given in charity) . If 
he was told that it was Sadaqa , he would tell 
his Companions to eat it, but if it was a gift, ilp %\ ^} if <■ ^Lj> 

he would hurry to share it with them . 



%jJ* :JJ oij tjil ((Ijii)) 

1 1>?3 : tl^ hjJL>- ~ ^*VV 

Some meat was brought to the Prophet gfg . * , . 1 £ tf 

and it was said that the meat had been given ^ 

in charity to Barira . He said , "It was Sadaqa 4)1 if) if ^3 hi 

(charity) for Barira but a gift for us." • r , s". . ' * 

:Jli tS^J^ ^JLp jj-sk; : 

2578. Narrated 'Aishah l^Ip &i I juii - ToVA 

intended to buy Barira but her masters . * l^Jb- 

stipulated that her Wala y should be for "if tJ 

them . When the Prophet £g was told about <o : J 13 ^ UJ I j^-^ \ 

it, he said to me, "Buy and manumit her, as > 4 . ' . . , V 

the Hfcfc' is for the liberator Once , Barira ^ J ' ^ ^ ^ 

was given some meat , and the Prophet ^ * jtji (J O \ o: I j \ Igj \ : 

asked, "What is this?" I said, "It has been ^ ^ £'-*M 

given to Barira in charity." He said, "It is ^> " f& ] J 

Sadaqa (charity) for her but a gift for us." L^^it" :jjg ^Jj\ jUi ^ 

Barira was given the option (to stay with her . /j >\£-u L*Jli 1 * . s ? & 1 < 

husband or to part with him) . 'Abdur- °~ ^ *" / : ' ; 

Rahman (a subnarrator) wondered, "Was ^JjI JUi ^,->J LJJ ^Jl41j AgsA 

her husband a slave or a free man?" Shu'ba , , > > > x i /• , 

(another subnarrator) said, "I asked 'Abdur- ^ J 

Rahman whether her husband was a slave or hJj 4$JL> L^J y^)) : J Ua <, S^j^j 

a free man. He replied that he did not know > . ^ , „ >^ ^ t« ^ 

whether he was a slave or a free man. ^ 



51 - THE BOOK OF GIFTS Ifelt jHj**^ ^ - ^ 



434 



. ^1 *jZA ^jSl N : J 15 \^rjj 

2579. Narrated Umm 'Atiyya L^Ip &i ^3 : JJli* jJ1^» 

Once the Prophet went to 'Aishah and ^ , U' M * J^Jl *l 

asked her whether she had something (to ^ fi " ^^^"^ 

eat) . She said that she had nothing except the t * I Jl>J 1 jJ l>- ^p t 4b I 

mutton which Umm 'Atiyya had sent to » cs. . *f . . 

! U 4*iaP a 1 *,P i v ***** C-Jj 

(Barira) in charity. The Prophet ^ said \ ^ lt-jt? , . 

that it had reached its destination (i.e., it is ill 4*iulp ^^JLp $|| ^JJl J^-S 

no longer an object of charity.) ^ . ^ ' ^ ^ 

oJJJ li ol» :Jli tolkl! 

(8) CHAPTER. Whosoever gave a gift to his ca^U? ^1 ^OaI ^ JjL (A) 
friend and chose (the time) when he was at 
the home of some of his wives and did not 
give it to him , while he was in the homes of 
his other wives . 



if *"iiJ if. ^^ > - ^>^>- 



2580. Narrated 'Aishah ^ &i ^j>y. The j_> jL»Ju- \1jJL>- - Y*A< 
people used to send gifts to the Prophet ^ on 
the day of my turn. Umm Salama said : "My 
companions (the wives of the Prophet other ^J>j jublp t a^I ^ c 
than 'Aishah l$lp fti ^j>j) gathered and they ^,5 > ^ ' • ^JU [A£ il 
complained about it. So I informed the 0j y^ * J * 411 
Prophet ^ about it on their behalf, but he jl : ^uJL- a! cJUj t ^aUji^j 
remained silent. - - . * . >f . -i'r ^ . . . , 

[Yov* i^lj] . 

2581. Narrated 'Urwa that 'Aishah %\ ^ Jls :J^UJ-1 l^JL>- - YaA^ 
L^Ip said : The wives of Allah's Messenger 
were in two groups." 'Urwa added: One 

group consisted of 'Aishah, Hafsa , Safiyya t^l ji- «.Sj^p jj! aL^a 

and Sauda ; and the other group consisted of ^ i • * t T . i ? - 
Umm Salama and the other wives of Allah's 

Messenger The Muslims knew that ^*>*j>? : i^.j^r i£ 3H 5^' 
Allah's Messenger loved 'Aishah, so if any 



: L^Ip ill jy^j Liulp 



51 - THE BOOK OF GIFTS jai^lj ItfUai) ytf OS 435 



of them had a gift and wished to give to 
Allah's Messenger jjg , he would delay it till 
Allah's Messenger ^ had come to 'Aishah's 
home and then he would send his gift to 
Allah's Messenger £j§ in her home. The 
group of Umm Salama discussed the matter 
together and decided that Umm Salama 
should request Allah's Messenger ^ to tell 
the people to send their gifts to him in 
whatever wife's house he was. Umm Salama 
told Allah's Messenger #| of what they had 
said, but he did not reply. Then they (those 
wives) asked Umm Salama about it. She 
said, "He did not say anything to me." They 
asked her to talk to him again . She talked to 
him again when she met him on her day , but 
he gave no reply. When they asked her, she 
replied that he had given no reply. They said 
to her , "Talk to him till he gives you a reply ." 
When it was her turn, she talked to him 
again. He then said to her, "Do not hurt me 
regarding ' Aishah , as the Divine Revelations 
do not come to me on any of the beds except 
that of 'Aishah ." On that Umm Salama said , 
"I repent to Allah for hurting you ." Then the 
group of Umm Salama called Fatima, the 
daughter of Allah's Messenger ^ and sent 
her to Allah's Messenger 3g to say to him, 
"Your wives request to treat them and the 
daughter of Abu Bakr on equal terms ." Then 
Fatima conveyed the message to him. The 
Prophet said, "O my daughter! Don't you 
love whom I love?" She replied in the 
affirmative and returned and told them of 
the situation. They requested her to go to 
him again, but she refused. They then sent 
Zainab bint Jahsh who went to him and used 
harsh words saying, "Your wives request you 
to treat them and the daughter of Ibn Abu 
Quhafa on equal terms." On that she raised 
her voice and turned to 'Aishah who was 
sitting and insulted her so much so that 



. Ol^ij <LtLu2J l^SLAP- J <J 

4)1 Jj^3 ' ^ o 

4)1 J jLj ^J>\ LfjJ^i ^ ^iji '^A* 

4)t b\s isj wjA ^ 

d~>- IaJ41L& 4jJlA Jgjg 4)1 J j~>j 

LgjJLli c IxLi Lf! ^Ai {Js 
: LjJ ^ c bli J J 15 U :cJl5» 

. Idi I4J 3* Ull I4JI 

* ^ * ^ * - 

:cJli .«SJtJU Sfl iVJ>\ 

L lilil 4)1 ^1 : cJUi 

ilk li j^pS ^ . 4) I J 

^ylj C-sl-tfjli 4)1 cJ j-m^j C^Jj 

i)*L*J jl : J jJiJ ^ 4)1 J 

c j^jI JjliJl 4)1 J-UJu^j 



51 - THE BOOK OF GIFTS Ifck j&jX^j l^Uaij i# wtof - 61 



436 



Allah's Messenger ^ looked at 'Aishah to U ^ Krl ^ : 

see whether she would retort .'Aishah started tf . r «; r aG a f 

replying to Zainab till she silenced her. The {J T rt - 

Prophet H then looked at 'Aishah and said, cJU <_^rjl : (jXSa .-^^-li 

"She is really the daughter of Abu Bakr." (1) u . „ *\. * 1 1 

cJjbj L^jj-i oJii^s tiiUtd 

Ji- aJLjIp cJJlS3 :<Jli ?^J& 

last. a - a * > 

- ** * 

' ' ^ " • " - 

L " " 

(9) CHAPTER. What sort of presents (gifts) ^O^Jl ^ ^ U (^) 

should not be rejected. 

2582. Narrated 'Azra bin Thabit Al- : y\ l^JL>- - YoAY 



(1) (H. 2581) She is really as honest, wise and well-versed as her father. 



51 - THE BOOK OF GIFTS Ifcit ji^atflj ^Laij i£\ - ^ 



437 



Ansari: When I went to Thumama bin c^tf jj Sj^p bJa>- nL>jty\ 

'Abdullah, he gave me some perfume and > 'J -...4 , 

said that Anas would not reject the gifts of , , ~, „ ~- 

perfume. Anas said: The Prophet used ^Jjli aILp cJLi-S : JIS 43a I 

not to reject the gifts of perfume . vt , . . * ^ - - t1 . 

J 6 r ^ M 4ip 4jal ^1 j IS :JU 

j\ JjI :JIS .^J^l 

.4.. fill N JIS 

(10) CHAPTER. Whoever thinks that it is tsUJI tfll jlj ^ 4>M ^ % ) 
permissible to give as a gift, something not . 
present. * 

2583, 2584. Narrated Al-Miswar bin JU*^ l£U - YoAi cYoAr 

Makhrama uJIp %\ and Marwan: When ' . * > 

the delegates of the tribe of Hawazin came to ** \ mJ ^ ^ 

the Prophet he stood up amongst the : JIS j^I ^J^p ^Jb- 

people, glorified and praised Allah as He c . , * , * * * ^ 

deserved, and said, "Then after: Your ^ ^ " ^ ^ 

brethren have come to you with repentance J I :ol^-t L<4^ &l CrfJ 

and I see it logical to return to them their ... c ^, , ^ , * u 

captives ; so whoever amongst you likes to do \ -i ~ • u^' " ^ S^T 

that as a favour, then he can do it, and y> Uj <u 1 ^^Ip ^Ul ^ 

whoever of you likes to stick to his share till * "> „ , ,e* , „ /j j f . * 

j Li t Jl*j La 1 9 ; J U c 4JLa 1 

we give him his right from the very first FaV ^ * ^ * \ ^ 

(war booty) (1) which Allah will bestow on us, jl J>Yj UjU- ^Jl^J 

then (he can do so)." The people replied, « . j . * jj 

"We do that (to return the captives) willingly ^ V ^ J 

as a favour for your sake." 4^"' tlr*- 9 ^J^^ 

oIjI i^kAj 4Ja>- j^Ip J^j^j jl 

JU^ . blip iil f-^i U Jjl ^0 

[ YV • A 

(11) CHAPTER. Compensation for a gift. 4^11 ^ sUlSUJI ( ^ ) 

2585. Narrated 'Aishah v+ls %\ ^y. bii>- l&U- - Y«A6 

Allah's Messenger 3H used to accept gifts f , ^ f . * > > > ^ 

and used to give something in return . ^ 4 £ " ^ & 



(1) (H. 2583) Far: See glossary. 



51 - THE BOOK OF GIFTS J*u*d\} \&&3 ytf 01 



438 



j£ M M J^j 0L5 :cJli 

^5 j ^5Jb . 4i^4^ 

tS^ if ^ t^f^^j 

(12) CHAPTER. Giving gifts to one's sons. jJ^ii £*JI t^iL ( \ Y) 

If somebody gives something to some of p Uli (j^^ J* p ' '^i-* 

his sons then it is not permissible unless he , r h . •> «> >^ ^ * » >^ 

does justice to all of his sons and gives the ^ " * ^ ^* " 

same to the other sons equally, but no one ^lll Jlij . aIIp J^-ij 
has the right to bear witness to what one's . • i M»t - - , { »,„ ^ 
father does . The Prophet said , "Do justice - ^ , ^ , ' ^ 

when giving a gift to your children." Is it ^ £fr°jt ^ J-*J • 

permissible for the father to demand back the J ^ f L» ? aiILp 

gift which he has given to his children? What f - & ^ " J ' 

one can eat from one's son's property? One ^JJI • iS^A. ^jy^V 



can eat reasonably without extravagance. r ^ , 

And the Prophet bought a camel from ^ ^ ^ ^ ^ 

'Umar and gave it to Ibn 'Umar and said, . «cL£j> U aj : J li^ 

"Dispose it as you like." 

2586. Narrated An-Nu'man bin Bashir ^ 4il JLi- llil>- - YoAn 
that his father took him to Allah's Messenger . , *. u , • t . > > 
3*H and said, "I have given this son of mine a V' V ^ 
slave." The Prophet asked, "Have you ^Cr^J^ ^f if- if 

given all your sons the like?" He replied in \^\ • UJcJl 

the negative. The Prophet said, "Take ^ o>- 9 ' a^-j 

back your gift then." Ul jt -^rr? uLAJl oU.L>- 

:<3lS ^ c J15 «?SIL cJUJ BjJj 

[no. t roAv . kaA^^ 

(13) CHAPTER. The witnesses for Al-Hibah J 4^ 

(the gifts) . 

2587. Narrated 'Amir: I heard An- : ^ii JUU l^li- - Y^AV 
Nu'man bin Bashir uJIp Sal on the 



51 - THE BOOK OF GIFTS Ifek cH^lj ] 4*±*3 * W Ot 



pulpit saying, "My father gave me a gift but 
'Amra bint Rawaha (my mother) said that 
she would not agree to it unless he made 
Allah's Messenger ^ as a witness to it. So, 
my father went to Allah's Messenger % and 
said, 'I have given a gift to my son from 
'Amra bint Rawaha, but she ordered me to 
make you as a witness to it, O Allah's 
Messenger!' Allah's Messenger ^ asked, 
'Have you given (the like of it) to everyone 
of your sons?' He replied in the negative. 
Allah's Messenger sij said, 'Be afraid of 
Allah, and be just to your children,' My 
father then returned and took back his gift." 



439 




(14) CHAPTER. Giving gifts by a husband to *jtjJW ji^Jl ilft i^iLi (U) 
his wife , and by a wife to her husband . ' , „ , * . „ t ( 

Ibrahim said, "It is permissible." 'Umar JLSj tSjjU- : ^j*\'J>\ Jli 

bin 'Abdul 'Aziz said, "None of them can ' r t:» i • — m .-n " * 

take his gift back." The Prophet #| took J J *^ ^ >-/ tJI ^ & 

permission from his wives to let him stay with ^ u^y^i ^ ls^^ 

'Aishah during his illness. The Prophet m *. , ; - , 

said, A person who takes back his gift (what ' - - s£T ^ 

he donates) is like a dog that swallows back . ^ ^^if ^JiolS a£a ^ 

its vomit." Az-Zuhrl said, "If a husband , f., M . . s .j,, 

askes his wife to remit all or some of the Mahr S/T ~ ^ u—^^j^t j 

(bridal money) , and shortly after her consent ^ 1 4x> j\ ^JLs I ju? L yi*j J 

he divorces her whereupon she demands . . . £ r - 

«JU»>- J Lilt I 
what she has given up, then he should pay • -r or- 

back her gift, if he has deceived her. But if * LfrJb^ J IS J I : Jli caJ 

she has given her free consent willingly and , >\ »: , „ >° r « t -i^ • 

the man has meant no deception, the gift is L i . - * cr *~? 

valid, for Allah J U; says : Jli <.jU- aajJl^- «j^I ^ 

"... But if they, of their own good ^ ✓ ' -\ - >. 

pleasure, remit any part of it to you... ^ r <-> 

(V.4:4) .[* :.LJl] 



51 - THE BOOK OF GIFTS Ifck u*j***J l^Uij Ltf\ 01 



440 



2588. Narrated Az-Zuhri: 'Ubaidullah ^ ^1^1 liil^ - TdAA 
bin 'Abdullah told me that 'Aishah fti . , * ... . * m „ > 
i# had said , "When the Prophet became 4 ^ ^ 4 ^ ^ * 

sick and his condition became serious, he 41)1 JlIp ^Jj^ : t£ 

requested his wives to allow him to be treated > 4| - ii , • n- /, > 

41)1 '-s^ ) <Uwlp CJU * 41)1 JUp V 

in my house , and they allowed him . He came S?> v - * ^ 

out leaning on two men while his feet were iJU- j jcLi li ^ I JJ£ L*J : 1$1p 
dragging on the ground. He was walking ^ . ,.a,> V| ' j \S^ \ 

between Al-'Abbas and another man." ^ • ^ 

'Ubaidullah said, "When I informed Ibn Ja>J ^j^rj ^ 
'Abbas of what 'Aishah had said, he asked \*'u * ' ' \* - . • Vi i \i • 

me whether I knew who was the second man V * ^ ^ - 

whom 'Aishah had not named. I replied in : 43b I JlIp jUi c^>-I J>-j ^Sj 

the negative. He said, 'He was 'All bin Abi t * . • \. > 

T . lib ,„ OJU U ^ 

.k^JLi? ^1 jjI t y_p : Jli 

2589. Narrated Ibn 'Abbas 2»i ^j: ^ ( C_LU llijU. - r«A<\ 
The Prophet ig said, "One who takes back , ^ . ^Uli* fcjjb- * ' \'*\ 
his gift (which he has already given) is like a ^ * ^rz*J • pc£ 

dog that swallows its vomit ^ lip ^» I j& c o I ^p c It 

* " " " <* 

^1 Jli :JU <>fj 

t r-m ^ SjiJ £j 

(15) CHAPTER. It is permissible for a c ^Jj sl^jl l^M 

woman to give gifts to somebody other than ^, t'\ ' i- t ( 

her husband and to free her slaves in the * • w * ^vr-r^ 

lifetime of her husband provided that she is 1) A^i.^ cJlf bli . A^i.-" 

not weak-minded. If she is weak-minded, f >»> tl - > A , " n- ^ 

then it is not permissible . 7 ^ ^ - 

Allah JU;says: .[o ^^i^ 

' And give not unto the foolish your 
property..." (V.4:5) 

2590. Narrated Asma' ^ I ^ j : Once I jp c^Ip y\ l^JL^ - 
said, "O Allah's Messenger! I have no ' " 



51 - THE BOOK OF GIFTS Ifclc - OS 



441 



property except what has been given to me by ^p caSC1« ^1 ^1 j^p <. jtj>- ^y) 

Az-Zubair (i .e . , her husband) . May I give in . * *\ • * 1 °- ^ 

"-u? i c- Lw * *P c 41) JLp * <_> J Lp 

charity?" The Prophet m said, "Give in ^\ „, . ^ " 

charity and do not withhold it (i.e., wealth) t<i)l 3^*1 j L : cJU :cJli L$1p JSjI 

otherwise Allah withhold it from you." >.2 tl . -,^.f . *?. , . 

2591. Narrated Asma' \^%\ ^y, Allah's ^ 4)1 jlIp lL*J>- - Y«M 
Messenger #| said, "Give (in charity) and do > . , ^ 

not withhold your wealth by counting and ~v ^ ' * 

hoarding it , being afraid that it may be t iit li ^p 1 5 j^p ^ LL& Li Jl>- 

exhausted (by spending in Allah's Cause) lest . . . . > * , - . * > . 

: JU <ul J**-*) ol ;^Lwl *^p 

Allah should withhold His Blessings from J ' ^ 

you ; and do not withhold your money lest 4) I ^aJ^Js ^ J ' * 

Allah should withhold it from you." >± . * r ' v , • r . 

41)1 ^-P j-^ ^P jh ^/ j t^ilJLP 

2592. Narrated Kuraib, the freed slave of c ^ ^ {J J*1 - YMY 

Ibn 'Abbas 14^ &i that Maimuna bint " - * u 

Al-Harithi^ Sii (the wife of the Prophet ^ ^ ^ ^ - - ^ 

3lg) said that she manumitted a slave-girl but y*^ o\ -(j^^p ^ 

did not take the permission of the Prophet . * . °. /■ . t . „ ' . - 

_ , f , . <G ^1 Uip <i)l i o )UJ1 l^Jo 

^ . On her turn when the (Prophet ^) came ^ ^ ^ ' * ^ 

to her house she said, "Do you know O ^1)1 oilHj j 5jJj cJSipI L$JI 

Allah's Messenger, that I have manumitted , e r. > .'S. , - _ )S rr j,,^ 

my slave-girl " He (^) asked, "Have you ^; ^ - ^ji ^ 

(already) done it?" She replied, "Yes." The ^! <t)l L OyLil :cJU 

Prophet M said, "You would have got more " f.r « . ' s-.f 

reward if you had given her (i.e., the slave- " 

girl) to one of your maternal uncles ." ji tlUI Ub : J U . : cJ U 

^p ^; ^; jiij .id>M 

O I ! Iw-J^S" J^P (. ^jP t J J-*-^ 

2593. Narrated 'Aishah LjJ^ ^ii '• ^ y> Ji _ Y^t 
Whenever Allah's Messenger wanted to „ i 1 i.- • t 
go on a journey, he would draw lots as to ^ u- -r- ^. - ^. 



51 - THE BOOK OF GIFTS jO^wdlj l^Ui^ irfll 0\ 442 



which of his wives would accompany him . He LtuLp ^ ^jj* {j* 

would take her whose name came out. He ^ ^ * ' JlS" * cJU Ulp %\ ' 

used to fix for each of them a day and a night . ' ^ J ' 

The subnarrator added: "Sauda bint Zam'a ^LJ £^SI lil ^ 

gave up her (turn) day and night to 'Aishah, > — i - s ^l* 

the wife of the Prophet^ in order to seek the ' ^ ^1 i&i 

pleasure of Allah's Messenger ^ (by that l^^J J^lo Sl^l JiG jlSj 
action)." . . . * * . r . ^ 

t x *\aa t n^ t urv : ^i] ,j|§ 
t *v*^ t m» t * *yo t Y av*\ 

t"UVl tlllY t oYU t *V0V tivo. 

[vot o t vo* • t vrv» t vriH 

(16) CHAPTER. Who is to be given the gift W <>~ : ^ ^ n ^ 

first? ' 

2594 . Narrated Maimuna , the wife of the <, j ^i- c jSZ Jlij - Y a ^ i 

Prophet jgg that she manumitted her slave- * . e . e . ^> 8 „ 

girl and the Prophet i| said to her, "You ^ ' ^ 

would have got more reward if you had given j|§ ^Jl ^ >«~* : 

the slave-girl to one of your maternal a , „r " , 

uncles." J^ J) JUs 5 ^ c ^ xpl 

2595 . Narrated 'Aishah 1$Ip iot : I said, JblAi ^^j^s* - Y a ^ o 
"O Allah's Messenger! I have two • j^J * J[; 
neighbours ; which of the two should I give * ^ ' i * 
a gift?" The Prophet^ said, "(Give) to the ^ ^tif^ At a?} IA 

one whose door is nearer to you." - " , ^ - ^ , ^ - 'W 

?i? J* u* 4^ Cf. 

Jp) :Jli (SijW- 

[YYo<\ \^r\j] dJLl^ U^^l 



51 - THE BOOK OF GIFTS l^it JiaujXA\} l^UAj uifctf 6) 



443 



(17) CHAPTER. Whoever refused to accept a SLJ %X$\ J± jj ljL (W) 
present for a certain reason. 

£ Umar bin * Abdul-' Aziz said, "A gift was : jjjiJl jIp ^ Jlij 

(really) a gift during the lifetime of Allah's u - ^ ^ , . ... 

Messenger but today it is a bribe ." ' **** * ' ^ ^ 1 

2596 . Narrated * Abdullah bin 'Abbas ^ : j UJ I ^1 liijl^ - Y « ^ *\ 
Ujlp iiii that he heard As-Sa'b bin J athth ama 
Al-Laithi, who was one of the companions of 

the Prophet , saying that he gave the meat ^ «jb1 jIp ^ Ajbl jlIp 
of an onager to Allah's Messenger ^ while 
he was at a place called Al-Abwa' or 
Waddan, and was in a state of Ihram. The JJL!k!l aJI o^-I : L*4^ 

Prophet ^ did not accept it. When the ? • ' ^ •fi, --.^ - 

Prophet 3g§ saw the signs of sorrow on As- ; 00 ^ ^ un 

Sa'b's face because of not accepting his J>-jJ ^ : jr*4 Sit 

present, he said (to him), "We are not ,t„ , > „ ' . ll2 / 

returning your present, but we are in the ' ^ ' ^ H " 
state of Ihram ." J Lii . oS^i ^ j.^^ j j IS 

[See /farfitfi No .2244 , 2245] , tf . . . . . _ . tf - * . / 

[UYo .«jy£. llflj 

2597. Narrated Abu Humaid As-Sa'idi ^ <jbt jl^ ^Jb- - Yo<W 

Hp ibt : The Prophet $g£ appointed a man * . $ . „ "> • > tf „ > 

from the tribe of Al-Azd, called Ibn Al- ^f^Cf ,jL^ U,^ 

Lutabiyya for collecting the Zakdt. When he Ju^- ^1 ^ t^J^Jl Sj^p ^p 

returned he said, "This (i.e., the Zakdt) is -,. „ > ° . >. ' / , , tf tl 

for you and this has been given to me as a ST> v ^ - ' 

present ." The Prophet £gj said , "Why hadn't j j V I tJ^ 1 I 

he stayed in his father's or mother's house to tf , „ „ s f > \ >r > 

see whether he would be given presents or ' > . , " 

not? By Him in Whose Hands my soul is, ^ J ^ ^ : Jli ^Ji llii 

whoever takes something from the resources „ * e ^ . ^ ^ f „ r , - , 

of the Zakdt (unlawfully) will be carrying it on - - ST • ^ s? 



his neck on the Day of Resurrection ; if it be a ^1 J (^Jlgji 5*' v4? J' 

camel, it will be grunting; if a cow, it will be >^ ^ ^ °.r ^ 

mooing; and if a sheep, it will be bleating." " - j4 * ^ 

The Prophet ^ then raised his hands till we aJL^Aj Z> LaJ I ^ £ U- ^ I Ll^ 
saw the whiteness of his armpits, and he said 



51 - THE BOOK OF GIFTS Ifcl* jA^lj ttfLfaij W ^ 



444 



thrice, "O Man! Haven't I conveyed Your <.t\*j «J \ ^jC jl5 jl : ^J* 
Message (to them)?" *i j, ft .* > rl :^ >\ 

: ^-3 t>^ 5^ 

(18) CHAPTER. If somebody givti cJLpj )1 Sift ^aj lil 4*M 
somebody else a present, or promises to ^ \^ s£ 

give him a present, and one of them dies ^^^^^ , ^ 

before the gift reaches the other person. IjI* jl I SJ^i- JLSj 

'Ubaida said, "If both the giver and the r * . >f - . ^ 7 • 

receiver have died but the present was set ^ , > , 7 
aside (i.e., separated) in the lifetime of the ^ cJ-^i p b\j . <o j^l 

receiver , it will be given to his inheritors , and > , , . , , - - . ? -r. „ . 

if it was not separated, it will go to the ^ ,^ 
inheritors of the giver." Al-Hasan said, "It <d ^-Lj^Jl cP 
will be given to the inheritors of 'the receiver ^ > U-A'j |^| 

(i.e., to whom the present was meant) no * 
matter who died first, if the gift has been 
delivered to the messenger." 



2598. Narrated Jabir & %\ The xJ> ^ ^Ip UiJb- - TMA 

Prophet £ said to me, "I will give you so , ^ ^ 

much (the Prophet #1 pointed thrice with his ^ ^ 

hands) when the funds of Bahrain will come iul ' c*i*-l» : 

to me ."But the Prophet « died before the .r \L ^ , j u . j u ^ 

money reached him. (When it came,) Abu ^ ^ J ^ ^ 

Bakx ordered an announcer to announce that « iJiU dJullaP I ^y^P 1 J ^ * 

whoever had a money claim on the Prophet ^ 2 / Mi tf*>^ 

or was promised to be given something, - J ^ K **~ ^ " \ ' ^ 

should come to Abu Bakr. I went to Abu :^SlJi Lo^ 1 j& y,\ J-l'j^ 

Bakr and told him that the Prophet |g had »\ f r *\ ' \* 

promised to give me so much. On that Abu ^ I ' J ^ 

Bakr gave me three handfuls (of money). ^ ^JJI jl : cJUi cili t LJllli 



(19) CHAPTER. How to take over the slave lliJI JaI^ 



and property (given as gifts)? 



51 - THE BOOK OF GIFTS Jbuj^^S l^U^ wtf - Ot 



445 



Narrated Ibn 'Umar u4Ip fti I was JZ ^Js- c-is" :j^p ^jl Jl5j 

riding a troublesome camel and the Prophet * > ^ . ^ ^ ^ a fij ^ ' j - . * ^ 

3g bought it and said : "It (this camel) is for J* ' J ™ 
you, O 'Abdullah." . L. ii] 

[See //a/ijfft No .2610, 2611] . 



2599 . Narrated Al-Miswar bin Makhrama : X>*L* ^> £p UJL>- - Y o ^ ^ 

i - g : ^ ft i -j— ^: Allah's Messenger 3jg ->°T' t i - J °ni i i tf 
distributed some cloaks but did not give ** ^ V' V 

anything thereof to Makhrama . Makhrama 4)1 ^fj Cf- if 

said (to me), "O son! Accompany me to 4^ - , ^ > - - - - . "t r .t . >V 

Allah's Messenger jg." When I went with ^ ^ J> " J r** - Jli ^ 

him, he said, "Call him to me." I called him J Us liLi l^? ^j^* h*i p J 

(i.e., the Prophet |g) for my father. He J ' ' Jl ^ lUall * r ' L ' IT ** ' 
came out wearing one of those cloaks and ; 4^ - * 

said, ''We kept this (cloak) for you, J>-^ :JUs 4j*J> cJailajli <ul 



(Makhrama)." Makhrama looked at the ^ 
cloak and said, "Makhrama is pleased," (or 



the Prophet s|| said) , "Is Makhrama I Jl& U Ui- » : J . l^La £ U5 aIIp j 

r^j :JUi ;]S :JU .iiU 



pleased?" 



(20) CHAPTER. When someone gives \jX& %* CJ*j fy ^lil (Y*) 
something (as a gift) to another person and 
the receiver takes it into his possession 
without saying, "I have accepted it." 



2600. Narrated Abu Hurairah ilp fti ^3 : jJLJ*J* {jJjJ- - Y t • * 

A man came to Allah's Messenger $| and , . , > • . 

said, I am ruined. The Prophet 3^ asked, ^ jt . ; ^. 

"What do you mean?" He said, "I had a ^ ^ c j**-* 

sexual intercourse with my wife during ^ c , ,> * I, /' oi \\ 
Ramadan (while observing fast)." The ^ J ^ ^ ^ 

Prophet asked him , "Can you manumit a J J>~j S U- : J 15 <up <u) 1 
slave?" He replied in the negative. He then . . ^ _ ^ . # ^, 
asked him, "Can you observe Saum (fast) for J ' 

two successive months continuously?" He ^ ^-^^ o^J j :jLi 
replied in the negative . The Prophet M then > - . - ^ 

asked him, Can you feed sixty poor 

persons?" He replied in the negative. In the ^ jl ^.iallj J^ 1 ' : J 15 t M 
meantime an^4n5^n man came with a basket 
full of dates . The Prophet 3$; said to the man , 



:Jl5 :J15 «?^JLlH^ ^^4** 



51 -THE BOOK OF GIFTS 



446 



"Take it and give it in charity (as an expiation 
of your sin) ." The man said , "Should I give it 
to some people who are poorer than we, O 
Allah's Messenger? By Him Who has sent 
you with the Truth, there is no family 
between Al-Madina's two mountains poorer 
than we." Allah's Messenger $jg told him to 
take it and provide his family with it." 



(21) CHAPTER. If a creditor gives the debt, 
due to him , as a gift , 

According to Al-Hakam, it is permissible. 

Al-Hasan bin 'All t>?j gave up the 

debt due to him to a man as a gift. The 
Prophet jjjg said , "If somebody owes 
something, he should either repay it or get 
it remitted." Jabir said, "When my father 
was martyred, he was in debt. So, the 
Prophet 3g| asked his creditors to take the 
fruits of my garden and forgive my father." 

2601 . Narrated Jabir bin 'Abdullah fti 
14^ : My father was martyred on the day (of 
the battle) of Uhud and his creditors 
demanded the debt back in a harsh 
manner . So , I went to Allah's Messenger i| 
and informed him of that, he asked them to 
accept the fruits of my garden and excuse my 
father , but they refused . So , Allah's 
Messenger ^ did not give them the fruits, 
nor did he cut them and distribute it among 
them , but said , "I will come to you tomorrow 
morning." So, he came to us the next 
morning and walked about in between the 
date-palms and invoked Allah to bless their 
fruits. I plucked the fruits and gave back all 
the rights of the creditors in full , and a lot of 
fruits were left for us . Then I went to Allah's 



1* j£j ^ 
5J jHxJl <*3yu. 

j^J Lo J>JL JJ&u tS^h 

. «iUJU LL*J>li iisiu :JIS 



[ wi 



^ tp- U dr^ 1 

•M 4^ J^J <Z f^ 1 

U>U :JLup l£U- - YV* 
^ Jis U i j I ; o^>- 1 U4^p 1 



: 4i)i 



51 - THE BOOK OF GIFTS tfelt j^ij^^ \&**3 obf 0) 



447 



3Uai £r^' l^PT 1^** 



Messenger^, who was sitting, and informed <ul J Li jl fillip jJlpL-» :JU> 
him about what happened. Allah's 
Messenger |g told 'Umar, who was sitting 

there, to listen to the story. 'Umar said, <>$$s}k *J£ 

"Don't we know that you are Allah's . ./ • cr . ;--^r 

Messenger? By Allah! You are Allah's & ^ J ? f ' 



Messenger!" 4)1 ci*- 

JUi tJjJju aj^>-U J^JL>- j 

<ul j t4)l J j dJW LIIp jus 

[T\YV :^rlj] .4)1 JjJ-^ ^1 

(22) CHAPTER. The giving of a gift by one apUAU J^I^Jl <ua 4*L (Y Y) 

person to a group. * . , .... , r * . 

Asma said to Al-Qasim bin Muhammad * 

and Ibn Abu 'Atlq, "I inherited some land in Jc?-\ j& c~>jj : J^xp ^\ v^lj 

the forest from my sister 'Aishah, and . > .not - -\'w *\ 

Mu awlya offered me one hundred - ' * ^ '* 

thousand for it, but I give it to both of you . Ui^J v_aJl 45 U 
as a gift." 

2602. Narrated Sahl bin Sa'd^ ^1^3: A : 4P^is UjJL>- - YVY 



drink (of milk mixed with water) was brought 
to the Prophet who drank some of it while 

a boy was sitting on his right and old men on j I 4)1 j jJL- ^ I J4-^ 

his left. The Prophet ^ said to the boy, "If . . , ;r ; iag « ?]i 

you permit me , I'll give (the rest of the drink ^ J f ^ & ^ 

to) these old men first." The boy said, "I will t^LiS/l o^LJ ji-j ^*>U 

not give preference to anyone over me as > » r .f , - « u 
regards my share from you , O Allah s > - I 

Messenger!" The Prophet ^ then put that j^J^ ^ L^> :jLii ^(uNj_a 

container in the boy's hand. >?< t-t-i^^-i \\* 
[SeeHa^No.2351] ' U -^ J - ' 

[rro\ i^ij] .ojj ^ 

(23) CHAPTER. The received and jSj 4^^1ij! C^Jl 4lL (YV) 
unreceived gifts, and the divided and >s- tl : >s-t, j^-u 

undivided gifts. jr— , j j jr. 



The Prophet sjjg and his companions gave 4^Uw?lj ^ Aaj 
to the people of Hawazin what they had got 



51 - THE BOOK OF GIFTS Ifclt J*o*t\) L#\ yUT M 



448 



from them as war booty, although it had not jAj ^4^? ' j-*^ ^ ^j^j^ 

been divided yet. > 

> > '* * 

2603. Jabir ^ ^1 ^5 said, "I went to the j_> ^^J^ - YW 

Prophet ^ in the mosque and he paid me my 

right and gave me more than he owed me ." 



■ - > as if ^ o Li" * 

d v >j \>nji J^p i U»Jj>- '. Xojp^a 

*> " 

^jJI o^t . -oil ^U- 

-J>*\jJ ij^^ #t 
[ttT 

2604. Narrated Jabir bin 'Abdullah &\ ^5 ijllj ^ JuAi LjJL>- - Y *\ * 1 
: T sold a camel to the Prophet ^ on one . , i . . i.* £ 

of uic journeys. When we reached Al- ^ 

Madina, he ordered me to go to the <bl Jup j\>- cJUJ» \^j\^a 
mosque and offer two Rak'a. Then he „ > fl t >. ^ . >. " 
weighed for me (the price of the camel in 00 - 

gold) and gave an extra amount over it. A Lii UAS t J* \ j^JJl 
part of it remained with me till it was taken by * r - » », 
the army of Sham on the day of Harra ." u— - 



2605 . Narrated Sahl bin Sa'd Xs^^y.A jJ> t liSl^ - Y 1 • o 

drink (of milk mixed with water) was brought 
to Allah's Messenger ^ while a boy was 
sitting on his right side and old men were &\ J jLj o\ :ilp Jbl ^>sfj 
sitting on his left side. He asked the boy, 
"Will you allow me to give it to these 



^*>U- <Cv*J ^Pj ^1 jJ^J ^\ 



(people)?" The boy said, "No, by Allah, I : ^!>UJlS JUa t^Lil ©jLJ j& j 

will not give preference to anyone over me as r „ , • f °. f % *. - v\ 

regards my share from you. Then the ' S?^ 

Prophet ^ put the bowl in the boy's hand . <_<r^ J ' ^ 1 M : ^ tAiJ i 

: ^-tj] . oJu ^ aIis t Ijl^-I JjLo 

2606. Narrated Abu Hurairah ^ &i ^5 : ^4^" - Y "V * 1 

Allah's Messenger ^ owed a man some debt ^ * ' * f ' 3 IS 1 Uip 

(and that man demanded it very harshly). ^ S^-^ ' ■ * Sr^ 



51 - THE BOOK OF GIFTS Ifck joi^lj l^U^ ^Jl witf - 0) 



449 



The companions of the Prophet ^ wanted to cJLJ- : J IS ZX*> t ^JLi ^ 
harm him, but the Prophet said to them, 
"Leave him, as the one who has a right 



(creditor) has the right to demand it (or «jb I u^p J^ji ^ :JU ilp 

speak harshly)." He then added, "Buy (a t - >, , / fi ^ r _ 
camel) of the same age and give it to him." ^ * ~ ^ ^ 

They said, "We cannot get except a camel . «NUi jAJl ^-L^J jU 
older and better than that of his." He said, 
"Buy it and give it to him , as the best amongst 
you is he who pays back his debt in the most J^J N U : I^JU5 t 

handsome way.' * , ?t 5 

jli La j lapli La j^Lj>U» 

[rr • o 

(24) CHAPTER. If a group of persons gives a v^i (^*) 

gift to some people. 

2607, 2608. Narrated Marwan bin Al- L ^ l£U - TVA t TW 
Hakam and Al-Miswar bin Makhrama : ^ e . Jjill L5j>- vi^ > 

When the delegates of the tribe of Hawazin ) ^ c - * jf- ^ 

came to the Prophet they requested him jl : Sj^p t^lfJ. ^1 ^ 

to return their property and their captives. 
He said to them, "As you see, this concerns 

also other people along with me, and the best o£U- J 15 *H ^IJl jl 

statement to me is the true one, so you may s>. * ^ > J^j " ' - y' jj' 

choose one of two alternatives ; either the ^ ° c 

captives or the property and (I have not : J Us j p-fr^j-^ 

distributed the booty, for) I have been tf . t $ . * - e 

waiting for you." When the Prophet had ^ ' J JjjrJ ^ 

returned from Ta'if, he waited for them for : jllijUaJi ^jJ-\ I jjIi>-15 fc4*JLM 
more than ten nights. When they came to 
know that the Prophet M, would not return 

except one of the two, they chose their ^_A^il Jl§ ulSj <.&<^ ] cZ>\ 

captives. The Prophet ^ then stood up „ - — „ jj^j • - - °. 

amongst the Muslims, glorified and praised ^ L ^ - C 

Allah as He deserved, and then said, "Then 5|§ ^Jl jl j^S Uii c^UaJl 
after : These brothers of yours have come to , , . - . v ? . • > r 

you with repentance (asking for Allan s r~ " \ - ^ 

Forgiveness), and I see it proper to return ^ ^Ui t jlxi) U^i : 1^J15 
their captives . So , whoever amongst you likes 



51 - THE BOOK OF GIFTS Ifelc ^Uij L#\ wtf - 01 



450 



to do that as a favour , then he can do it , and Uj 4j 1 ^jS li I 

whoever of you wants to stick to his share till * > ^ . . tf > > f ^ 

we pay him from the very first Fai (i.e., war * > 

booty) which Allah will give us , then he can ^J\j UjU- ^ij* ^JlJ^I 

do so." The people said, "We return (the \ . , ^ * j i »|' 

captives) to them willingly as a favour, O ' o \^ :: ~^ • * * J ^ J 

Allah's Messenger!" The Prophet^ said, "I cjiidi iUi CJSL h\ {Jl* LS\ 

do not know who of you has given his consent * JLp ' Jb * | * '\ 

and who has not ; so go back and your leaders " 

may present your decision to me." The UIIp Sal U Jjl -j* oCI 

people went away, and their leaders , , , 

F ^ 7 L Lilt : ^U! JLii t« \-Xh 

discussed the matter with them, and then ' /" * 

came to the Prophet £g| to tell him that all of ^ Up : J Us t jCgJ 4) I J y^j 

them had given their consent (to return the ° M e « -: . * * ^ 

captives) willingly. ^ ; H u~ « ^ 1 <j- 

(A2-Zuhri, the subnarrator said, 'This is ^SjU^p L^J £^ ^J^- 1 jjo-jli 

what we know about the captives of «^.f>r > - --r • 

Hawazin.") '^ Ul C*V* 'V^ 1 

.- LiL; 

(25) CHAPTER. Whosoever is given a gift YSL*j %X* % ^Ja\ 

while some people are sitting with him, he "** ^LJ^i. 

only has the right to have it. ^ ' ^ ^ *f 

Ibn 'Abbas L4^ ^ 1 ^>?j is reported to have ULJJ- o\ ^\ *J>£j 

said that the people sitting with that person " « ' , Vj * * 

will be his co-owners . But this report is not ' r ^ 1 
confinned by an authentic narration . 

2609 . Narrated Abu Hurairah <S % \ ^ : : Jj Ui ^1 lli JL>- - Y V ^ 

The Prophet ^ took a camel of a certain age . ' > • ? i. ... «t 

from somebody on credit. Its owner came ^ ~ " * ^ 

and demanded it back (harshly). The Js> UJLi ^1 ^J*^ 

Prophet ^ said, "No doubt, he who has a £. . ^. . ^ 

right, has the full right to demand it ."Then ^ ^ ^ ^ J e ^ s^' 

the Prophet ^ gave him an older and better Zs^X^p £L>J t JL^-T 4JI ^ 

camel than his camel and said, "The best * .r . , ,, >, ^ , ^ 

amongst you is he who repays his debts in the * ~ 



51 - THE BOOK OF GIFTS Ifcit J>tj*2\j ItfLaij ArfM cjUT - 01 



451 



most handsome way." 

2610. Narrated Ibn 'Umar U^L* &i ^3 ^ <il JLp - Yl\ * 

that he was in the company of the Prophet ■ „ . „ > j fcjj^. • JuAi 

on a journey, riding a troublesome camel ^ & 

belonging to 'Umar. The camel used to go <Gl : L-g-^ 
ahead of the Prophet ^ So, Ibn 'Umar's 
father would say, "O 'Abdullah! No one 



should go ahead of the Prophet The ^JiS jl£S tj^J ^Jw> ^ ^JLp 

Prophet #| said to him, "Sell it to me." M . . . > ^ \^ „ 

'Umar said to the Prophet^, "It is for you." ' ' ~ ^ ^ ^ ^ 

So, he bought it and said, "O 'Abdullah! It is < S Jiii tJb^i J§§ fJU& 

for you, and you can do with it what you ' tl ~' -«u-> 

like. ^ J '~ ; ^ J 

t^ubl jCp I JjJ : J IS ^ al^LiU 

(26) CHAPTER. If someone gives a camel as jijJ \j#> CJ*j \l\ (Yl) 
a gift to a man riding it, then the deed is * * . 

valid. ^ 

2611. Narrated Ibn 'Umar U^* fti 
We were in the company of the Prophet ^ on 
a journey, and I was riding a troublesome 



camel . The Prophet asked 'Umar to sell \ ^J> lis* : J IS U^* *b I t>f j 

that camel to him . So , 'Umar sold it to him . \ , ^ r - '£ ' ' « 

The Prophet ^then said, "O 'Abdullah! The ^ J ^ ^ ^ 

camel is for you." (( ^~-*-^ '-"t^A §1 ts^^ 

L iii ji» ^1 JUS ciililS 
[Y > ^ o . JLp 

(27) CHAPTER. The presenting of a gift of l^lj ^ U ^Jli JiiL (YV) 
clothes, the wearing of which is disliked. 

2612. Narrated 'Abdullah bin 'Umar ^ ^ 4)1 Jup lL 4 Jb>- - 1 1 > Y 

Ui^ <li i : 'Umar bin Al-Khattab saw a silken . . 9 . ... a . 

dress (cloak) being sold at the gate of the ^ C ^ * ^ 

mosque and said, "O Allah's Messenger! Jul t>fj ^ 5^1 ^ 

Would that you buy it and wear it on Fridays ti > , ,s - . . > > . > , m 

and when the delegates come to you!" Allah's ; ^ 



51 - THE BOOK OF GIFTS jau*d\) l^Uij irfll uli - 01 



452 



Messenger |g said , "This is worn by the one L : J Us Jl>J^J 1 ^ L Hp £ 

who will have no share in the Hereafter." ^ *|' J ^| j > - 
Later on, some silk dresses were brought and 

Allah's Messenger sent one of them to Lg-i^ UJl» : JLS . ^i^-? ^ii=iJ I 

'Ulnar. 'Umar said, "How do you give me d J r tl . > t . - M 

^ j ^ ^ 

about the dress of <Utarid?" (1) Allah's £g 5b 1 Jiiti jii 

Messenger said, "I have not given it to . "n - ' -1 > 1 - - * 

you to wear." So, 'Umar gave it to a Mushrik """" ^ d ' 

brother of his in Makkah, ?cJi L> JjLLp ^ cJij 

. «IS^J ixij L?^l ^Lp ULii 

2613. Narrated Ibn 'Umar Ujl* &i y^r <ji •X**** 
Once the Prophet ^ went to the house of 
Fatima but did not enter it . 'All came and she 



told him about that . When 'All asked the Cxf'i o 3 ^ c £f ^ tlr^ *• ^ ' 

Prophet^ about it, he said, "I saw a (multi- ^ _ ( J J| ^ ^ 

coloured) decorated curtain on her door. I - ^ 

am not interested in worldly things." 'All yp t L^Ip J>-^ fU* ^JsU 

went to Fatima and told her about it . Fatima ".^ >\ * ^'>: 

said, "I am ready to dispense with it in the ^ - s ^ ^ ^ 

way he suggests." The Prophet ^ ordered I JL, L$jL ^p cJlj 'u\* 

her to send it to such and such needy . . -,.„r" f- te - 

people. ^ v ^ 

:cJl^ 14] iui ^ii IJJ> UtU 

, «a^-U- ^ cJi JaI t j^j 



2614. Narrated 'All il£ ^1 The ^ ^^A^ LlijL>- - Y*\\i 

Prophet ^ gave me a silken dress as a gift °. t . '11- * 1 ; tf . n 

and L wore it . When I saw the signs of anger • " ' 

on his face , I cut it into pieces and distributed cJUJ- : J li 5^-11* If, ^1UJ I JUp 
it among my wives." - , ^ . - 



(1) (H. 2612) 'Umar ilp iii is referring to the previous occasion when Allah's 
Messenger £g refused to buy the cloak sold at the gate of the mosque . 



51 - THE BOOK OF GIFTS >> IfUij witf - 01 



453 



5 j L*j £ *>L1J I <u1p 1^1 Li )) 
<, j ll>- j \ JJLLo LfJ aj^J Jl^- JL9 



corii .^LJ i^iiii 

(28) CHAPTER. The acceptance of presents ^ mJjl^JI J^JJ lSL* (YA) 
from Al-Mushrikun (polytheists , idolaters, 
pagans) 

Narrated Abu Hurairah il* <L! ^y. The ^2)1 \,p J 

Prophet ^ said, "When Ibrahim (Abraham 

P^LJi <1p) migrated along with Sarah, he • \ v^' ^ ^ 

reached a town ruled by a king or a tyrant. J ■ J^"-^ 

The latter ordered his men to give Sarah, 
Ajar." The Prophet £j| was given a cooked 
poisoned sheep as a present . : jL*J- y) JlSj . ^J- l$J SLi 

Narrated Abu Humaid & &i ^j>y. The £ ^ ^ ^ ^ 

king of Ail a sent a white mule to the Prophet -* • ^ ^> ' ^ 

and the Prophet sent him a garment . 4JI CiS" j Wj> ollio 

and wrote to him a confirmation of the treaty 
concerning his country . 

2615 . Narrated Anas £p fti ^3 : A /wfcfoz j_» 4I) i JlLp UjJL^- - 
(i.e., cloak) made of thick silken cloth was 
presented to the Prophet ^ . The Prophet 
used to forbid people to wear silk. So, the J~Jl Ujb- :s3ki ^p jLli UJb- 
people were pleased to see it. The Prophet „ *f ^ ( 

said, "By Him in Whose Hands ^ J ^- ^T- J 

Muhammad's soul is , the handkerchiefs of j± I Js» L ^ j \£ j t ^ 
Sa'd bin Mu'adh in Paradise are better than 
this." 



Si s > > O > . > 



2616 . Anas added , "The present was sent is bi ^p jl^ J Uj - Y *U *l 

to the Prophet M by Ukaidir (a Christian) - .* * * 5 , » - 

fromDauma." ^ ^ ^ ' ^ ^ 

[r-no i^ij 

2611 . Narrated Anas bin Malik 3: j^p 4)1 jlp UJL^- - Y*\W 

A Jewess brought a poisoned (cooked) sheep 4 > >j - ^ -j | 

for the Prophet ^ who ate from it. She was * Cf- * m< f y 

brought to the Prophet ^ and was asked , t Ju j ^ ^ Li^> 1 4lLi l^Jb^ 

"Shall we kill her?" He m said , "No ." Anas * t . . . , - 

j I : aip 4i) 1 " ; oU u v 1 
added : "I continued to see the effect of the ^ * ^ H 



51 - THE BOOK OF GIFTS Ifelt i£\ uiltf - 01 



454 



poison on the palate of the mouth of Allah's jLL* 5 Liu ^§ cJl £}j4> 

l^i^l oJj Ui :Jli 

l£U - Y1U 

t o I j^p t j L$«Jl*j ^jj j^jc^J I Uj JL>- 

j* O^-^ 1 ^ Cj* t jL^p ^1 
lis' :JU U4^- <«l ^>fj ^ ^1 



2618. Narrated 'Abdur-Rahman bin Abu : jUilJl J>\ \£l>- - Yl S A 



Bakr L*4^ & l ,>?3 : We were one hundred and 
thirty persons accompanying the Prophet 3g 

who asked us whether anyone of us had food. ^ j^J-"J\ jlp ji- t j UJLp ^ I ji- 
There was a man who had about a Sa' of 
wheat flour which was mixed with water to 
make dough (for baking bread) . Then a very JUi 

tall man from Al-Mushrikun" (polytheists, }' K -r^ 

pagans, idolaters, and disbelievers in the \ \ " * C ^ - J 

Oneness of Allah and in His Messenger to^J jl ^Uls ^U? J>-j 

Muhammad 2g§) came driving the sheep . The * • > a { > * > . /f „ ^ r 

Prophet ^ asked him, "Will you sell us (a ° ^ - f 

sheep) or give it as a present?" He said, "I <^Jl JIa3 IpjJLj ^Ju 

will sell you (a sheep)." The Prophet ^ \\ , - «; tf U f ~ 

bought a sheep and it was slaughtered . The " \ " \ 

Prophet jjg ordered that its liver and other 5 Li ^yJ>\i 'j> ' N • 

abdominal organs be roasted. By Allah, the .... . ^ ^ 5 t. — f • * • 

Prophet gave every person of the one " ^> - J ^fT ^ J 

hundred and thirty a piece of that ; he gave all ^ L» jbl ^Jlj c^jJtJ o\ 

those of them who were present; and kept > >\ , n u s . * ... 

the shares of those who were absent. The ^ ^ ^ ^ J 

Prophet ^ then put its meat in two huge IJL»Li jlS jl L^jJaJ ^ 

basins and all of them ate to their fill, and >' x \ * 1 , . : ,^ . , , lt - 1 

. . , . . , . 4J L>- UIp j15 jl. oLI LaUipI 

even then more food was left in the two * ^ 

basins which were carried on the camel (or j y^jA \ 

said something like it) . > \ , , - . . ; ' - . ~ , . 

[YYU :gr\j] 

(29) CHAPTER. Giving presents to jjjliii £x$\ ^jL (Y^) 

Al-Mushrikun" (polytheists, pagans, 
idolaters) . 

And the Statement of Allah jur: !otf ^ i^U; 4bl J^S j 

" Allah does not forbid you to deal justly r > ^ „ ^ . v> ^> 1 ^ If ^ 

and kindly with those who fought not against ^= ^ ^ ^ P ^ & 



51 - THE BOOK OF GIFTS Ifclt ^^Jlj i$L** 3 L$\ ytf o\ 



455 



* > 



you on account of religion, nor drove you out a3i! t\ ^[ ffiy^j y>juC J j& 

of your homes. Verily, Allah loves those who ' Xt0\' 

deal with equity." (V.60:8) ^ : ^«] <«3>^^' 

2619. Narrated Ibn 'Umar up fti : jJLki ^ jlJL>- l^l>- - YAH 

'Umar saw a silken cloak over a man for sale *^ m , , > uJJ, lijb- 

and requested the Prophet jgg to buy it in * ^ - J - 

order to wear it on Fridays and while meeting J* <-j^J ^ &\ 

delegates. The Prophet said, "This is ~ tjS y S Ull£ | 

worn by the one who will have no share in the t -* P ^ J ' -H-'-* ^ 

Hereafter." Later on, Allah's Messenger £2 1 : t - s ^LU JUi <, J>>3 

got some silken cloaks similar to that one, ^ ^^j; ' ^ \ * 

and he sent one to 'Umar. *Umar said to the JsJ " ' (*-^ ^ . — 

Prophet "How can I wear it, while you ol* UJl» : J LaS . jl& I iS^U- 

said about it what you said?" The Prophet ^ « - ' * ^ 1 * aJ ** S^- N ° ' 

said, "I have not given it to you to wear, but C ^ ^ ^ 

to sell or to give to someone else ."So, 'Umar J— U^? §1 Jj-^j 

sent it to his brother at Makkah before he (his . > , > j ^ " ^* „ „ > . ^ 

brother) embraced Islam. ' *" * ; - r * ,P * 

t L^±J ^ Jin :JU 



2620. Narrated Asma' bint Abu Bakr 
Up ii>! : My mother came to me during the 
lifetime of Allah's Messenger 3§g and she was 
a Mushrikah (polytheist , idolatress , pagan) . I 
said to Allah's Messenger jjg (seeking his 
verdict), "My mother has come to me and 
she desires to receive a reward from me , shall J j ^ aS ^ \ £JJ> 
I keep good relations with her?" The Prophet 
3§| said, "Yes, keep good relation with her." 





(30) CHAPTER. It is not legal for anyone to g-^ ^ c)^ ^ : ^ ^ 

take back his presents or Sadaqa (things 
given in charity) . 



51 - THE BOOK OF GIFTS IfcLt jia^J ItfUaij 4*011 utf 0* 



456 



2621. Narrated Ibn 'Abbas Ui^ It j-j (I-L^-* ~ 
TheProphet^said,"Hewhotakesbackhis j^* ^ ^ ^ 
present is like him who swallows his vomit." * i ' ^ ^ 

:Jli 5t»l ^>f3 cr-^ a* 
^ 05UJI» :gg ^1 JL5 
[YoA^ .«a£s ^ JubJlS 

2622. Narrated Ibn 'Abbas ui^ &i t>fj : ^r^v^ ^r* ^^-J ~ 

The Prophet £jg| said, "The bad example is ' & ^ ■ iJ'LtJl * 

not for us. He who takes back his present is ' ^ J ^ ' ' I „ 

like a dog that swallows back its vomit ^\ t j& t 

J 15 : J 15 ' c^f 3 cr - ^ 

tf jJl .pi ^ U J3 =38^1 

2623. Narrated 'Umar bin Al-Khattab : *p)5 ^^^J l^li- - Y*\YV 
ilp 'ill : I gave a horse in Allah's Cause. e , ,\*\ ?m i 
The person to whom it was given did not look ^ ' " 

after it. I intended to buy it back from him, ^UaiJl ^Lp :J15 

thinking that he would sell it cheap . When I ^ . j ^ 

asked the Prophet ^ , he said , "Don't buy it , <f* tf • ^ j 

even if he gives it to you for one Dirham as uLS ^JJl 4pL>li <bl Ju~* ^ ^'J 

the person who takes back what he has given > »-.r >° it %\ > • - 1 • ' ? 

in chanty, is like a dog that swallows back its ' -i 

vomit." olb cJL~s ^jo?- j> oob «jI 

^ tJ^r'j ^^-^ 

(31) CHAPTER. : 4*L (V ^ ) 

2624. Narrated 'Abdullah bin 'Ubaidullah ^ frfQ cf^^" " 
bin Abu Mulaika : The sons of Suhaib , > , A , . ^ • t 
(Suhaib, who was the freed slave of Bani j-- lt- \ * j-* u> v 
Jud'an) claimed that Allah's Messenger |g jup J>'j?-\ (^jr*"' c^' 
had given two houses and one room to * 



51 - THE BOOK OF GIFTS l^Jt t^Uaij L$\ yltf - o\ 



Suhaib. Marwan asked, "Who will testify b\ : A^Iii ^1 ^ <Jbl ^ < 



457 



4)1 



your claim?" They replied that Ibn 'Umar 
would do so . Marwan sent for Ibn 'Umar who 
testified that Allah's Messenger^ had really 4)1 d] d'JJ-j j£ 

given Suhaib two houses and a room. So, > r * , - ' fr 

Marwan gave the verdict (in favour of & JU ^ tl ^ ^ 

Suhaib's sons), because of (Ibn 'Umar's) ^1 : IjJli ?iiJi JJ> uiJ 

witness. > ^ ^ „ ;r . . r 

J j ^jO^i . JL^l* oUii t ^^p 

(32) CHAPTER. What is said about the j>UJI ^ U 4»L (rY) 

'Umra and the Ruqba . * o > 

If one says, "I give you the house as <*iSj*** Cr^ i^-pf 
'£/mra," (1) one means, "I give it to you to live y^T -^---^ jj t^[— _ 

in as long as you are alive " sj**-**^ r ^r^r 



Prophet gave the verdict that 'Umra is for 
the one to whom it is presented . 



2625. Narrated Jabir 2* Sdbi The LSjU : ^£ Jft l&U - Y1Y© 

:Jli ilp ill jj]^ 

2626. Narrated Abu Hurairah fti ^y. j^p ^ J^ii- - YtYt 
The Prophet^ said, " 'Umra is permissible." . ; ;s * fi 

'A{a' said, "Jabir narrated the same to me oi ' f 

from the Prophet^." ^ ^ ^Jj ^ 

-CP 4Ul 0j j^ ^1 jp t^L^j 

e^JjU :Jli ^ ^IJI ^ 



(1) (Ch . 32) Vmra : This kind of gift is also caHed Ruqba , which is derived from the Arabic 
verb meaning 'to waif because both the giver and the person given to, used to wait for 
the death of each other so that the house etc. (given as gift) would belong to him 
permanently. (FathAl-Bart) 



51 - THE BOOK OF GIFTS j*j3d\} l^Ud^ i# *-»ttf - 0\ 



458 



(33) CHAPTER. Borrowing a horse from ^llJl ^ jU£^t ^ t^lL (rr) 
some people. ' Jill 

2627. Narrated Anas ^ ibi ^y Once, LJju>- : ^1 LiA>- - Y1YV 
the people of Al-Madlna were frightened, so ^ , -JLi ; SlJ f ' t^lii 
the Prophet gg£ borrowed a horse from Abu - oi " ^ 4 
Talha called Al-Mandub , and rode it . When j lil^ li o JuJ L ^Ji o 15 ' J yu 
he came back he said, "We have not seen c , f K \ * r r ^ , 
anything (to be afraid of) , but the horse was " * ^ - J ^eT 
veiryfast." £j>-j UJLs jjJUjJI : <u 

t Y A*\ Y t TA0V t Y AY * . « \ 

t Y<m t Y t Y ^ * A t YA*W t Y A*H 

[■\y\y t >rr t r*i- 

(34) CHAPTER. To borrow something for X* oj Lai 'ill £L (Ti) 
the bride at the t\v i her wedding. , 

2628. Narrated Aiman: I went to *Aishah LJjb- : ^ uiJ^ - Y^YA 
<lt 1 and she was wearing (a coarse * ;* . „ > .... 

dress) costing five Dirham . ' Aishah said , ^ ^ ^ 

"Look up and see my slave-girl who refuses to 4b I <Jto Lp { Js* cJ>o : J 15 

wear it in the house, though during the . , . - > ^ .... > . . 1, . ^ 

lifetime of Allah's Messenger i I had a <>~ ^ ^ 

similar dress which no woman desiring to J I ^ijl :cJUi t ^IjS 

appear elegant (before her husband) failed to ?* . . • ^ . 

borrow from me." ^ ^ l ^ 4 ^ ; 

Li ^ 4)1 Js< fes 

cJlw^jI Sf| o JtiJ L ^lij si j^ol IS" 

(35) CHAPTER. The superiority of the Ju^i £L (To) 
Manlha, i.e., a milch she-camel or a sheep 

lent to somebody to use its milk and return it 
to its owner afterwards . 

2629. Narrated Abu Hurairah ^ % \ ^y. : jJZ - Y"U^ 
Allah's Messenger ^ said, "What a good ' ^UUl 1 * ' diJU lio^ 
Manlha (the she-camel which has recently 4 ' ^ ^ ^ *" 



54 - THE BOOK OF CONDITIONS 



540 



2736. Narrated Abu Hurairah 13* iii : 
Allah's Messenger #| said, "Allah has ninety- 
nine names, i.e., one hundred less one, and 
whoever counts them (believes in their 
meanings and acts accordingly) will enter 
Paradise." (Please see Hadlth No .6410 
Vol.8) 



(19) CHAPTER. Conditions in Waqf (i.e., 
religious endowment) . 

2737. Narrated Ibn 'Umar iii! ^j>y. 
'Umar bin Al-Khattab got some land in 
Khaibar and he went to the Prophet #| to 
consult him about it, saying, "O Allah's 
Messenger I got some land in Khaibar better 
than which I have never had, what do you 
suggest that I do with it?" The Prophet $g§ 
said, "If you like you can give the land as 
endowment and give its fruits in charity." So 
'Umar gave it in charity as an endowment on 
the condition that it would not be sold nor 
given to anybody as a present and not to be 
inherited, but its yield would be given in 
charity to the poor people, to the kith and 
kin, for freeing slaves, for Allah's Cause, to 
the travellers and guests; and that there 
would be no harm if the guardian of the 
endowment ate from it with Ma'ruf 
(according to his labour with good 
intention), and fed others without storing it 
for the future..." 



<i* 5l» : Jli 3|| <ii I J^j Si sZz 



^ Ala UiJb- - rvrv 

t^iU ^ UjI : Jli u^p ^jI l^Jb- 

jl Cs^j j** ^ u* 

j*j>u Utf»jl i_-jL^? I ^liL>Jl 

jl" :Jli Ui tiL (jjilp 

. «lf> cJJLs^j IfLM cJLi 
£lJ N i;l l$» jliS : Jli 

[rnr 



54 - THE BOOK OF CONDITIONS b$jAl\ wtf Ot 539 



2735. Narrated 'Amra: 4 Aishah : 1 jIp ^ l&U- - YVVa 
said that Barira came to seek her help in the *~ • . * . 8 . > 

writing of her emancipation . Aishah said to , ' 

her, "If you wish, I will pay your masters :cJli If* &\ ^JLp 

(your price) and the WalcC will be for me." . UiLS * UJlli o' ' 

When Allah's Messenger^ came, she told ' " , , ' ^ , . 
him about it. The Prophet £g said to her, j j&j vIILaI 

"Buy her (i.e., Barira) and manumit her, for w& \ \ > ' ,\ i 5 i- \ 

, . „ Aj 5^ Jgg 4111 d *L>- UJLs . J 

the IFa/a' is for the one who manumits. ^ ^ 

Then Allah's Messenger ascended the U^L^D) JLS . JjJ3 

pulpit and said, "What about those people *> ^ ^ " ^ ^. 

who stipulate conditions which are not \ ^ ^ ^ 

present in Allah's Laws? Whoever stipulates :JUi 3lt ^ <-U**J 

such conditions as are not present in Allah's « . .tr, > \ \ x > \* i « 

C™J lb J JiJ? JLJLj f 1 43 1 <J L> La » 

Laws , then those conditions are invalid even ' ^ ^ ' \^ 

if he stipulted a hundred such conditions." ^ 

[ion :^rlj • ^ 

(18) CHAPTER. What kinds of conditions til^J^II ^ 
are permissible ; and what is exempted from ^ ^ >J^^ ^ . y ^ 

the decision; and the conditions which are v ^ 4 ^ - J 

well-known amongst the people, and if 4jU :JIS lil^ -ft-f^ <j-"^' ^j^i 
somebody says, "One hundred minus one ^ *^ ^ 

ortwo." ^ J 6 J * 

Narrated Ibn Sinn : A man said to a hirer <. Jijr? Cf. ' <j* 4 ^ ^ ^ 
of animals, "Prepare your travelling animals, ^Jj^ O l^J| 

and if I should not go with you on such and , " ' °7 „ 

such day, I shall pay you one hundred \jS ^ tiUi J>-jf p-J ^ 

Dirhams," but he did not go on that day. -,,.r > »rr £ f . j,,r 

Shuraih said, If anyone puts a condition on ^ " 
himself of his own free will without being Ujli? *~Jl> l _^Lp J» ^ 
under duress, he has to abide by it." > it 

Narrated Ayyub from Ibn Slrin : A man , ~ , '\ 
sold foodstuff and the buyer told the seller UUl? ^Ju *>U-3 jl -jij?? ^ 
that if he did not come to him on ^ ^ ^ £ ^ .j' 
Wednesday, then the deal would be ' ^ ' 

cancelled (i.e., invalid) and he did not turn jUi ^Ji t^J 

up on that day." Shuraih said to the buyer, cr - \\ • t - :t . I'm ^ i 

"\ ou have broken your promise , and gave 

the verdict against him . . 



54 - THE BOOK OF CONDITIONS *j>UI wfcf - Oi 



538 



We do not know any of the women aJ CSi 0*\ y»U cjU£1 



emigrants who deserted Islam after 



embracing it. We have also been told that ^ ^ lTt^^ Cr» gJj 

Abu Basir bin Asld Ath-Thaqafi came to the <. jyr U J? I j I * LJ J 1 jl> 

Prophet ^ as a Muslim emigrant during the > \ „ * . * > r 

truce. Al-Akhnas bin Shariq wrote to the ' ^ ^ ^ " ^ 

Prophet |g requesting him to return Abu Li jl LjJjj . L^JUjI Jul ojGjI 

Basir. tf, . ; ^ .cf.. f . 

. uluJL>Jl t^aJ LI «JL1J 

(16) CHAPTER. Conditions in loans. <J 4*M ^ * n ^ 



Ibn 'Umar 5s» i j^j and *Ata' said, "If <&\ *Uapj yi& ^ JUj 

one lends something for a certain period , the 
debt is valid." 

2734 . Narrated Abu Hurairah <J> <bi ^3 : J^^>- • 1 <3li j - T VV 1 
Allah's Messenger #| mentioned a person 
who asked an Israeli man to lend him one 



thousand Dinars , and the Israeli lent him the 4>l ^fj *jtj* ^ {ji 
sum for a certain fixed period . ' >h - 1l2 , /. , > . . 

[U<U r^lj] .^ylli Juf I 

(17) CHAPTER. Al-Mukatab (i.e., the slave ^ V c^JlO 4>M < w > 
who is given the writing of emancipation for 4j| ' JaJU«j jJ| J? ^^Jl ' 
a certain sum) and about the invalidity of ' ^ 
those conditions which contradict Allah's ill <ul <y. y\>- JUj 

Laws. 

Jabir bin 'Abdullah u^l* ^ Crfj sa ^ 
regarding Al-Mukatab, "Their conditions Cs*^J J' Cf} . ^ 

are those which are mutually agreed upon 
by them." Ibn *Umar or 'Umar said, "Any 
condition which is against Allah's Laws, is iilo c J^?^ ^ 

invalid , even if one stipulates a hundred such ^ 



conditions. 



54 - THE BOOK OF CONDITIONS 



537 



2733. Narrated Az-Zuhri: 'Urwa said, 
" 'Aishah told me that Allah's Messenger 
used to examine the women emigrants . We 
have been told also that when Allah ju: 
revealed the order that the Muslims should 
return to the Mushrikun (polytheists, 
idolaters, pagans) what they had spent on 
their wives who emigrated (after embracing 
Islam) and that the Muslims should not keep 
disbelieving women as their wives, 'Umar 
divorced two of his wives, Qariba, the 
daughter of Abu Umaiyya and the daughter 
of Jarwal Al-Khuza'l. Later on Mu'awiya 
married Qariba and Abu Jahm married the 
other." 

When the Mushrikun refused to pay what 
the Muslims had spent on their wives, Allah 
J\jC revealed : 

"And if any of your wives had gone from 
you to the disbelievers " (V .60:11) 

So, Allah ordered that the Muslim whose 
wife has gone, should be given, as a 
compensation of the Mahr he had given to 
his wife , from the Mahr of the wives of the 
Mushrikun who had emigrated deserting their 
husbands . 



JciJ (*44? •f^V^ j^'J^ 

[mo t n<U :^ r \ J '] .olJl 



^ j4_U jUj - Yvrr 

ji JU; ibi J^I ill iil UJIj 
J* rtr^ ^ ^ 



54 - THE BOOK OF CONDITIONS Jb^l witf 01 



536 



supporters." When Abu Basir heard that he ^jI Jli$ t ^ J** 1st ^ j^^. ^ ^j* 

understood that the Prophet 3g would return - ± ' r > . , t. 

him to them again, so he set out and left till ^ J J ' ^ - ^ 

he reached the seashore. Abu Jandal bin JllU tLu>- j*>U L Iju* 

Suhail got himself released from them (i .e . , ^ t ^, . , » , „ * , _r > - r t , 

infidels) and joined Abu Basir . So , whenever ** * ' v ^ ^ 

a man from Quraish embraced Islam he \ J U$ . ^ aj cj^ 

would follow Abu Basir till they formed a *T. m-T • f 

strong group . By Allah , whenever they heard * J S?V ^- - "* 

about a caravan of Quraish heading towards J*\ JL>- * J £-' s i\ "jsj lj ^J^- 

Sham, they stopped it and attacked and -,..r - ... - c- 

killed them (i.e., infidels) and took their " - ^ 

properties. The people of Quraish sent a JLiJ» :oTj «|§ J^ij 

message to the Prophet |{g requesting him for ^ f. . , • s'r * 8 * 

tha catp nf Allah flnH Irith anH tin tn cptiH fnr ^ ^ ^ ' 



the sake of Allah and kith and kin to send for 
(i.e., Abu Basir and his companions) . J yJUJ ^yjj ^^-Ls Jia :JU 
promising that whoever (amongst them) ^ ( * * * J ' *\ -j^J 

came to the Prophet $m would be secure. ' & ' -i* * ' 

So the Prophet sent for them (i.e., Abu ^ t*Jj£o iul ^jl 

Basir's companions) and Allah JU; revealed , f. . > . 

the following Divine Verses: ^^-^^cy^ 1 r 

"And it is He Who has withheld their 
hands from you and your hands from them in 
the midst of Makkah, after He made you 
victors over them., (up to)., pride and 
haughtiness, the pride and haughtiness of 
the time of ignorance." (V.48 :24-26) 

And their pride and haughtiness was that 
they did not confess (write in the treaty) that 
he (i.e., Muhammad $g) is the Prophet of 
Allah and refused to write : "In the Name of 

Allah, the Most Gracious, the Most ^ ^ ^ ^ 

Merciful," and prevented the Muslims from Uj^-j u kuuap 

visiting the Ka'bah. Sfl flJLjl ^Jl J^Jti <Ur'j^ 

M i^ 1 J-^J^ '(S^ «^ c!r^ 




54 - THE BOOK OF CONDITIONS b$j£i\ ytf - Ot 535 



there was a danger of killing each other. 
Then some believing women came (to the 
Prophet and Allah ju; revealed the 
following Divine Verses : 

"O you who believe, when the believing 
women come to you as emigrants examine 
them... (up to)., the disbelieving women as 
wives." (V .60:10) 

'Umar then divorced two wives of his who 
were infidels. Later on Mu'awiya bin Abu 
Sufyan married one of them, and Safwan bin 
Urnaiyya married the other . 

When the Prophet returned to Al- 
Madina, Abu Basir, a new Muslim convert 
from Quraish came to him . The infidels sent 
in his pursuit two men who said (to the 
Prophet "Abide by the promise you gave 
us." So, the Prophet ^ handed him over to 
them . They took him out (of the city) till they 
reached Dhul-Hulaifa where they 
dismounted to eat some dates they had with 
them. Abu BasTr said to one of them, "By 
Allah, O so-and-so, I see you have a fine 
sword." The other drew it out (of the 
scabbard) and said, "By Allah, it is very 
fine and I have tried it many times." Abu 
Basir said, "Let me have a look at it." When 
the other gave it to him, he hit him with it till 
he died, and his companion ran away till he 
came to Al-Madina and entered the mosque 
running. When Allah's Messenger $g saw 
him he said , "This man appears to have been 
frightened." When he reached the Prophet 
£g he said , "My companion has been 
murdered and I would have been murdered 
too." Abu Basir came and said, "O Allah's 
Messenger, by Allah, Allah has made you 
fulfil your obligations by your returning me to 
them (i .e . , the infidels) , but Allah has saved 
me from them." The Prophet #| said, "Woe 
to his mother! what an excellent war kindler 
he would be , should he only have 



:J15 .SfUit iilJJ ±LjS '/yJ> 
JUS ^jIx^JI ^l^i j-* £y itii 

iili J IS J>- J>-5 fa fli 

Jw>0 ^JL LJj ^^'j- 

ij^t p& n ,J £>i ?iui 4^ 

t JjLjJU jJ>tl^J ^j^>- <■ ^ g ' g 

pia ^3*** * ^Q*^ J*~£j 
. dliS JiS J>- i ^ p-^i 

'if * 1* • " \ ' * 

p4 ^ . i o ilS Ua*j JA*^ 

(^JU: Jill Jjfli tJLL*ji 
o^-i* ii^Jilf p^^t ^ 



54 - THE BOOK OF CONDITIONS b$jU\ wtf ot 534 



Tawaf around it?' He said , 'Yes , but did I tell 
you that we would visit the Ka'bah this year?' 
I said, 'No / He said, 'So you will visit it and 
perform Tawaf around it' " 'Umar further 
said, "I went to Abu Bakr and said, 'O Abu 
Bakr! Isn't he truly Allah's Prophet?' He 
replied , 'Yes I said , Isn't our cause just and 
the cause of our enemy unjust?' He replied, 
'Yes .' I said , 'Then why should we be humble 
in our religion?' He said, 'Indeed, he is 
Allah's Mesenger and he does not disobey his 
Lord, and He will make him victorious. 
Adhere to him as, by Allah, he is on the 
right.' I said, 'Was he not telling us that we 
would go to the Ka'bah and perform Tawaf 
around it?' He said, 'Yes, but did he tell you 
that you would go to the Ka'bah this year?' I 
said, 'No.' He said, 'You will go to Ka'bah 
and perform Tawaf around it'." (Az-Zuhri 
said, " 'Umar said, 'I performed many good 
deeds as expiation for the improper questions 
I asked them'.") When the writing of the 
peace treaty was concluded, Allah's 
Messenger said to his companions, "Get 
up and slaughter your sacrifices and get your 
head shaved ." By Allah none of them got up , 
and the Prophet repeated his order thrice . 
When none of them got up, he left them and 
went to Umm Salama and told her of the 
people's attitudes towards him. Umm 
Salama said, "O the Prophet of Allah! Do 
you want your order to be carried out? Go 
out and don't say a word to anybody till you 
have slaughtered your sacrifice and call yur 
barber to shave your head." So, the Prophet 
3|| went out and did not talk to anyone of 
them till he did that, i.e., slaughtered the 
sacrifice a id called his barber who shaved his 
head. Seeing that, the companions of the 
Prophet got up , slaughtered their 
sacrifices, and started shaving the heads of 
one another, and there was so much rush that 



l$\ :J^ y\ Jli .ill oUj^i 

IJUJUi UjLp ^Jlp Jli q\S j ?c~iJ 

^JL* Jli :Jli 1 4b I ^ 

c«Ju> : Jli ?lU 4)1 ^i^cJJl 
L JJ> kjj&j jAJl L JS LUl : cJLi 
^ :cis t «Ji;» :Jli ?JJ ? Ul 
J>U : Jli L^o ^ £uJl 

J-*>J i A . ■ /? g - 1 O-wJj 41)1 J j-^J 

?4j da jiala ^' lSo>J 

:JU c^f :JU «^UJ| 

J-Jl i L>1 Lj : cJlii t 

:*£JIS :Jli <. UU- 4)1 ^ IJl* 

J«J ^ :cii c j: : Jli ?jkUl 
L#5T : Jli lu^ ^ 4l;lj| 

4)1 J^ £l .J^Jl 
\ JLli t Jp^J 1 ^^ip <Cl 4) IJi 

hyX\i\ t jl: :jii ^ o^ki 

ii!li : Jli :cjs ^bJI 4jL" 

J li ' Is 1 J I* • 4j ili jJai j 4jT 



54 - THE BOOK OF CONDITIONS h)^i\ wtf Ot 533 



Prophet 3g| said to Suhail, "On the condition 
that you allow us to visit the House (i.e., 
Ka : bah) so that we may perform Tawdf 
around it." Suhail said, "By Allah, we will 
not (allow you this year) so as not to give 
chance to the 'Arabs to say that we have 
yielded to you, but we will allow you next 
year." So, the Prophet £j| got that written. 
Then Suhail said , "We also stipulate that you 
should return to us whoever comes to you 
from us, even if he embraced your religion." 
The Muslims said, "Glorified be Allah! How 
will such a person be returned to the 
Mushrikun (polytheists , idolaters, pagans) 
after he has become a Muslim?" While they 
were in this state Abu Jandal bin Suhail bin 
'Amr came from the valley of Makkah 
staggering with his fetters and fell down 
amongst the Muslims. Suhail said, "O 
Muhammad! This is the very first term with 
which we make peace with you, i.e., you 
shall return Abu Jandal to me ." The Prophet 
3g| said, "The peace treaty has not been 
written yet." Suhail said, "I will never allow 
you to keep him." The Prophet 2g said, 
"Yes, do." He said, "I won't do." Mikraz 
said, "We allow you (to keep him)." Abu 
Jandal said, "O Muslims! Will I be returned 
to the pagans though I have come as a 
Muslim? Don't you see how much I have 
suffered?" Abu Jandal had been tortured 
severely for the Cause of Allah. 'Umar bin 
Al-Khattab said, "I went to the Prophet 
and said , 'Aren't you truly the Messenger of 
Allah?' The Prophet % said, 4 Yes, indeed.' I 
said , 'Isn't our cause just and the cause of the 
enemy unjust?' He said, 'Yes.' I said, 'Then 
why should we be humble in our religion?' He 
said, 'I am Allah's Messenger and I do not 
disobey Him, and He will make me 
victorious.' I said, 'Didn't you tell us that 
we would go to the Ka'bah and perform 



ju- j> \^S\ j&j .liULfU 

• \2-i i i i \ > - 1 

. jia^S C^Jl LLu I jl>*j 

'•j* *iJL!i <j^j <.4k*-J> LjJi>-1 U 

Jli LJJl o'SSj iLjj JL* 
S^t dials' t <u I j L>b1^ : j j^L*wJ 1 
?LJl1J £l>- Jij ^-5 jJL^Jl ^1 

l^J ^ lr* C^" ^ J 

ilAJLil p lil :Jli .«Ju: 

:^ ^Jl J15 .Ijui ^ JJ> 
^JL Ul U :3li t«J 6>rU» 
:JIS ,«JiJli Jb» :3li .ilJ iuS 



54 - THE BOOK OF CONDITIONS wjltf Ct 532 



Ka'bah ." When he returned to his people , he 
said, "I saw the Budn garlanded (with 
coloured knotted ropes) and marked (with 
stabs on their backs). I do not think it is 
advisable to prevent them from visiting the 
Ka'bah." Another person called Mikraz bin 
Hafs got up and sought their permission to go 
to Muhammad and they allowed him, 
too. When he approached the Muslims, the 
Prophet #| said , "Here is Mikraz and he is a 
vicious man." Mikraz started talking to the 
Prophet and as he was talking , Suhail bin 
' Amr came . When Suhail bin * Amr came , the 
Prophet said, "Now the matter has 
become easy." Suhail said to the Prophet 
^ , "Please conclude a peace treaty with us 
So , the Prophet jgg called the clerk and said 
to him, "Write: By the Name of Allah, the 
Most Gracious, the Most Merciful." Suhail 
said, "As for 'Gracious,' by Allah, I do not 
know what it means. So write: By Your 
Name O Allah, as you used to write 
previously." The Muslims said, "By Allah, 
we will not write except : By the Name of 
Allah, the Most Gracious, the Most 
Merciful." The Prophet £g said, "Write: 
By Your Name O Allah." Then he dictated, 
"This is the peace treaty which Muhammad, 
the Messenger of Allah has concluded." 
Suhail said, "By Allah, if we knew that you 
are Allah's Messenger we would not prevent 
you from visiting the Ka'bah , and would not 
fight with you. So, write: "Muhammad bin 
'Abdullah . " The Prophet |g said , "By Allah! 
I am Messenger of Allah even if you people 
do not believe me . Write : Muhammad bin 
'Abdullah." (Az-Zuhri said, "The Prophet 
$g accepted all those things, as he had 
already said that he would accept everything 
they would demand if it respects the 
Ordinance of Allah, (i.e., by letting him 
and his companions perform '£/mra.)" The 



. j jit IiJ 1 aIJLI \j t aJ cJuIi 
U t43bl jL>4^ : 3 15 iJUi ^Vj ilk 

cJlj :Jli ajU^I ^1 ilk 
Li tOj^uilj oiii As jjuil 

llU . <cj! M^JUs ^j&s :JUs 

:#| Jli {+1* 
fa* J^j J*J jJ^ 

ili 1 ^^j?' cyS^ - ^ 

£l>*i v : ^ Is lyJS 

U5 c^lJl JJL-L j^lj 
4)1 j : j j .lLL.1) I J Ui . d*iSo 

j_L£-^Ji <i)i ^JLj mi l^LLci M 

Jjsi» ^Jl jUi >r ^^Jl 

U :J15 jti iJLw.1 

jUi 4 ((4)1 J^ij JU->*J aIIp ^^15 
J^ij dJUl ^Jju 4)lj : J^-i 



54 - THE BOOK OF CONDITIONS hjjtiS ±*M 01 531 



anything of it. (As it was taken through ^Jl\ JUi . ^JLlli ^ 

treason)." £ Urwa then started looking at the ^ /uJli "!>LlVl 

companions of the Prophet By Allah, tf J > ^ ^ f * " J 

whenever Allah's Messenger ^ spitted, the jl p . <y ^ J^' 

spittle would fall in the hand of one of them . , , * ^ . > 

(i.e., the Prophet's companions) who would ~ J ^ • ^ ' ^ 

rub it on his face and skin ; if he ordered them J ^~>c3 U J 15 <- 

they would carry his orders immediately; if . \Jj ^>UJ 4)1 

he performed ablution, they would struggle ^ , -j . 

to take the remaining water ; and when they . eJiU- j <f>- j If* dl! ^J-fL* J^-j 

spoke to him, they would lower their voices ? * ^ >-»t > tVt 

and would not look at his face constantly out ^ ^ ^ ' } 

of respect. £ Urwa returned to his people and lilj . ^Ij^j 1 

said, "O people! ByAllah, I have been to the > ° • , , 

11 la J t 6 JIP *-f) 1 1 I wKJ> I ^<J3sj 

kings and to Caesar, Khosrau and An- ^ 1 v ^ ^ ^ 

Najashi, yet I have never seen any of them £f^j* Wf*-* 
respected by his courtiers as much as 9 c t ",,«r , tl 
Muhammad is respected by his \/ - cr*^ j~ 

companions. By Allah, if he spitted, the oJiijj £ & 5*>lj 
spittle would fall in the hand of one of them . . . . , * ^ - - >- \- 

(i .e ., the Prophet's companions) who would ' - ' „ , 

rub it on his face and skin; if he ordered U 4jU^J?I ^uJaiu Jai 15UJ> Oolj jl 
them, they would carry out his order * * , > $ , > > , 

immediately ; if he performed ablution, they - J tf ^ ^ * ^ ^ ™ 

would struggle to take the remaining water ; ^ c**5j ^iUJ ji^i jj 

and when they spoke , they would lower their > „ B . JjUli >! Ji5 

voices and would not look at his face ^"-^ T: (*-^? J^J 

constantly out of respect." 'Urwa added, ts^il IjjJiSl 
"No doubt, he has presented to you a good ^ J^j^ | ^ : 

reasonable offer, so please accept it." A man ^ "'^^ >* 

from the tribe of BanI Kinana said, "Allow I j , t h a I j_<JLiLj t >CiyJ>j 

me to go to him," and they allowed him, and ^.r*,, * & > , - >"» » ^ » t 

T , t ^ JaJJl J aJb-sj to a toJL^P *fjlw?l 

when he approached the Prophet j§; and his ^ ^ - - ^ . ^ ^ ^ 

companions, Allah's Messenger ^ said, "He (1-5CJLp ^ ^b *^ 5^1 

is so-and-so who belongs to the tribe that . , ^5,. .> 

respects the (i.e., camels of the ° u v * 



sacrifice). So, bring the B«(iAz in front of . cSl :ljJUi t aJI ^j^S *. ^bS" ^ 
him ." So, the Budn were brought before him 
and the people received him while they were 

reciting Talbfya. When he saw that scene, he )Jl*» 4)1 J^-j JU 
said, "Glorified be Allah! It is not fair to 
prevent these people from visiting the 



j*^ 4)1 J^-j JU 



54 - THE BOOK OF CONDITIONS wltf 01 530 



proposal , you'd better accept it and allow me 
to meet him." They said, "You may meet 
him." So, he went to the Prophet ^ and 
started talking to him . The Prophet told 
him almost the same as he had told Budail . 
Then 'Urwa said, "O Muhammad! Won't 
you feel any scruple in extirpating your 
relations? Have you ever heard of anyone 
amongst the Arabs extirpating his relatives 
before you? On the other hand , if the reverse 
should happen , (nobody will aid you , for) by 
Allah, I do not see (with you) dignified 
people, but people from various tribes who 
would run away leaving you alone." Hearing 
that, Abu Bakr abused him and said, "Do 
you say we would run and leave the Prophet 
alone?" 'Urwa said, "Who is that man?" 
They said, "He is Abu Bakr." 'Urwa said to 
Abu Bakr, "By Him in Whose Hands my soul 
is , were it not for the favour which you did to 
me and which I did not compensate, I would 
retort on you." 'Urwa kept on talking to the 
Prophet ^ and seizing the Prophet's beard as 
he was talking while Al-Mughira bin Shu'ba 
was standing near the head of the Prophet 
^ , holding a sword and wearing a helmet . 
Whenever 'Urwa stretched his hand towards 
the beard of the Prophet Al-Mughira 
would hit his hand with the handle of the 
sword and say (to 'Urwa), "Remove your 
hand from the beard of Allah's Messenger 
£§;." 'Urwa raised his head and asked , "Who 
is that?" The people said, "He is Al-Mughira 
bin Shu'ba." 'Urwa said, "O treacherous! 
Am I not doing my best to prevent evil 
consequences of your treachery?" Before 
embracing Islam Al-Mughira was in the 
company of some people. He killed them 
and took their property and came (to Al- 
Madina) to embrace Islam . The Prophet #| 
said (to him), "As regards your Islam, I 
accept it , but as for the property I do not take 



iJa>- ^J>J { y>^ J f' AS Ijla jli : J IS 
: IjJ IS . 4jT ^ jioj U jJCJ ! (, Juij 

it fig j^J ;tU 

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\*zs> 4i)l j& y) *J JUS 

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^Ip- ^.jIS A/Aa^ ^ o^vi^Jlj 

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<u>J IljJ j>-\ : <d JlSj c_ilU! 

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c— wJ ! t jwLp iJLaS c *u»tJ» 



54 - THE BOOK OF CONDITIONS b$jJJ\ otf 0£ 529 



Hudaibiya and they had milch camels (or <l£j J>\ : J US ^ JjlJ ^ $|§ 

their women and children) with them, and x \*' * A * - , * 'A <- * 

will wage war against you, and will prevent ^ ^" ^ • 

you from visiting the Ka'bah." Allah's ijJLlI ^4^i j aIJjl^JI oL Slip I 

Messenger £ said, "We have not come to 3 * 3 ' ^ > ^ 

fight anyone, but to perform the 'Umra. No ^ tf , ' 

doubt, the war has weakened Quraish and U» :j|§ <bt J Us . c4P' 

they have suffered great losses, so if they , , . .O. ✓ * u -t . * 

wish, I will conclude a truce with them, - - ^ ^ , ^ u , 

during which they should refrain from ^ j_>Jl ^-fiSLgJ ^ L^-dj-* <^b 

interfering between me and the people • » e . .. • t 6 '.\ 

(i .e . , the Arab infidels other than Quraish) , ° ^ f*^ J J * J 

and if I have victory over those infidels, t^ftl jlS ^uJl i JZ \ j^ij 

Quraish will have the option to embrace ». - , . f > \\ .*. . • ,r 

Islam as the other people do, if they wish; u ~' J / * 

they will at least get strong enough to fight. q\j . I jUr ^b ' ^ 

But if they do not accept the truce , by Allah . ffi:u*N JlL * ' JJ I ' ' \ * \ 9 * 

in Whose Hands my soul is, I will fight with P"^ ^ iS^ J* y. 

them defending my Cause till I get killed , but <. i J&L* 3 y& ^j>- 1 JL* (£ J*\ ^Ji- 

(I am sure) Allah will definitely make His ^ . 

.* Lju J Lis . «o -a I <u)l jjuLlJj 

Cause victorious ." Budail said , "I will inform " \ > > 

them of what you have said." So, he set off Jt>- jiiili : J IS . d y& U ^4-^^ 

till he reached Quraish and said, "We have . l5bi>- oS U * J IS LiT" : l 

come from that man (i .e . , Muhammad jg) ^ ^ - ^ * ' ^ ^ 

whom we heard saying something which we jlS <. J^i £LjLJ-j J^Ji LU 

will disclose to you if you should like ." Some . „r , \ r . - > > ! f . . 

of the fools among Quraish shouted that they " t * ^ " ' 

were not in need of this information , but the ^'jf^> j 1 ll! ^ : ^ j Lgl^- 

wiser among them said, "Relate what you . * . >r # ; 

heard him saying." Budail said, "I heard him : ^ ^ / J ? , , ^ 

saying so and so," relating what the Prophet oLJ* : J IS t Jjii A£i^J- U 

Si had told him. 'Urwa bin Mas'tid got up -*,,. . .'^ \ i, 

and said, O people! Aren t you the sons? - \ ^" 

They said, "Yes." He added, "Ami not the sjLLZ ^ Ij'jZ ^Ui 0, ^lil 

father?"Theysaid,"Yes."Hesaid,"Doyou ' ^ < , .3^ 

mistrust me?" They said, "No." He said, ' y * ^ ^ ^ 

"Don't you know that I invited the people of : J IS t ^ ^jJIS JlH^J L? c^*Jlj 

'Ukaz for your help, and when they refused I .j^ ^ *|Jli ? * ^ °Lii 

brought my relatives and children and those ' *" ^ <J"y 

who obeyed me (to help you)?" They said, jJ*l ^1 j jiiJu ^jLS\ 

"Yes." He said, "Well, this man (i.e., the ^ .j^ , " , ^ ^ ^ ^ 

Prophet ^) has offered you a reasonable ■ r - • " 



54 - THE BOOK OF CONDITIONS yfcf - bt 528 



on the right." By Allah, Khalid did not 
perceive the arrival of the Muslims till the 
dust arising from the march of the Muslim 
army reached him , and then he turned back 
hurriedly to inform Quraish. The Prophet 
went on advancing till he reached the 
' nfya (i .e . , a mountainous way) through 
which one would go to them (i .e . , people of 
Quraish). The she-camel of the Prophet 
sat down . The people tried their best to cause 
the she-camel to get up but in vain , so they 
said , Al-Qaswa' (i.e., the she-camel's name) 
has become stubborn! Al-Qaswa' has become 
stubborn!" The Prophet said, "Al-Qaswa' 
has not become stubborn , for stubbornness is 
not her habit, but she was stopped by Him 
Who stopped the elephant." Then he said, 
"By the Name of Him in Whose Hands my 
soul is, if they (i.e. , the Quraish infidels) ask 
me anything which will respect the 
Ordinances of Allah, I will grant it to 
them." The Prophet ^ then rebuked the 
she-camel and she got up. The Prophet ^ 
changed his way till he dismounted at the 
farthest end of Al-Hudaibiya at a pit (i.e., 
well) containing a little water which the 
neople used in small amounts, and in a 
aort while the people used up all its water 
and complained to Allah's Messenger ^ of 
thirst. The Prophet £g£ took an arrow out of 
his arrow-case and ordered them to put the 
arrow in that pit . By Allah , the water started 
and continued sprouting out till all the 
people quenched their thirst and returned 
with satisfaction . While they were still in that 
state, Budail bin Warqa Al-Khuza'i came 
with some persons from his tribe Khuza'a and 
they were the advisers of Allah's Messenger 
who would keep no secret from him and 
were from the people of Tihama. Budail 
said, "I left Ka'b bin Lu'al and 'Amir bin 
Lu'ai residing at the profuse water of Al- 



\ jJL>si <U-vLl* tJ~ljAl <_5* r*-^*-^ 

Lo» :#| JLii . frIJ-Jt-il 1 

P t(( J^ J&J 

c*-^ J> cT^* (*4^ <-!^** :< J^ 

^6 1 ^ ^ Ls^3^ 
HI 4)1 J! 

ji JjJu frL>- il JjUiS" 

S- ^> ^? J tfS'J^\ 

4Ul J J-^J 7W2J ljjLS"j I j->- 



54 - THE BOOK OF CONDITIONS b Sj £l\ wtf bi 



527 



they are our enemies and the only people ^1 ^j>- ^Lp j> 5UI jlp o\j 

whom we suspect, I have made up my mind , ' jJS iSLi <JU 
to exile them ." When 'Umar decided to carry & " 

out his decision, one of Abu Al-Huqlq's sons ISLa U j ©Iju cJ-Juai 

came and addressed 'Umar, "O chief of the jlp '° ' * - 

believers, will you exile us although ^ J *" ^ J J ^ (•"* 

Muhammad (^) allowed us to stay at our ^1p * p-^**^! 

places, and made a contract with us about c > t . t - > - f >i t 'm* . - 

, IJipO i _j1 jj Jl>-I oul cLUj JLp 
our properties , and accepted the condition of ^ S?^ 

our residence in our land?" 'Umar said, "Do L>- J>S\ & j*Jl ^ Ij : J 

you think that I have forgotten the statement ' - ^ * s . > # ; * ^ 

of Allah's Messenger 2|, i.e.: What will your ^ J y ^ ^ J 

condition be when you are expelled from :^ip jUi ?U JjUi JS^J: j Jl^iVl 

Khaibar and your camel will be carrying you j, . > . ; > - ; . r ^* 

night after night?" The Jew replied, "That - ^ ^ 

was a joke from Abul-Qasim." 'Umar said, ^ c^>- ^-1 lil JjL : j|| 

"O the enemy of Allah! You are telling a ' > 

he." 'Umar then drove them out and paid • - -r- . -? 

them the price of their properties in the form ^1 ^j-* ol5 :JUa (( ?jJl^ 

of fruits, money, camel saddles and ropes, - »^ -...r , 

etc. ^ - -x 7 

^ Uj>j Siu ^ ^ 

• *> a t i, > o - - - T - > 

^^P <Uw*j>-1 t4JUl JL^P ^^P t <U_L^ ^ 

(15) CHAPTER. The conditions of Jihad and ; 1*^1 1 ^ J?j^-ljl 

peace treaties with (non-Muslim) warriors, " ^ , (0 * „ ^ > u 

and the writing of the conditions. *j <f <Z - v 

2731, 2732. Narrated Al-Miswar bin JLp - YVVY t YVn 

Makhrama and Marwan whose narrations -, # *t, > , , 

attest each other : Allah s Messenger ^ set - * ^ - 

out at the time of Al-Hudaibtya (treaty), and [$ 

when they proceeded for a distance , he said , ' a. > e > * - * t • i - 

"Khalid bin Al-Walld leading the cavalry of ^ & :J 

Quraish constituting the front of the army, is jJUaj t O I jy> j Xa"J^a ^ j^LJ I 
at a place called Al-Ghamlm , so take the way 



54 - THE BOOK OF CONDITIONS Jy^UI ytf - oi 526 



"If your masters agree, I will pay them the 
whole sum provided the WalcC will be for 
me." Barira went to her masters and told 
them about it , but they refused the offer and 
she returned from them while Allah's 
Messenger was sitting. She said, "I 
presented the offer to them, but they 
refused unless the Wala J would be for 
them." When the Prophet ^ heard that 
and ' Aishah told him about it , he said to her , 
"Buy Barira and let them stipulate that her 
Waffl will be for them, as the Wala? is for the 
manumitter." 'Aishah did so. After that 
Allah's Messenger got up amidst the 
people, glorified and praised Allah and 
said, "What is wrong with some people who 
stipulate things which are not in Allah's 
Laws? Any condition which is not in Allah's 
Laws is invalid even if there were a hundred 
such conditions . Allah's Rules are the most 
valid and Allah's Conditions are the most 
solid. The Wala? is for the manumitter." 



(14) CHAPTER. If the landlord stipulates in 
the contract of share-cropping that he would 
terminate the contract whenever he likes. 

2730. Narrated Ibn 'Umar uJIp ^ CrfJ : 
When the people of Khaibar dislocated 
'Abdullah bin 'Umar's hands and feet, 
Umar got up delivering a Khutba (religious 
talk) saying, "No doubt, Allah's Messenger 

made a contract with the Jews concerning 
their properties, and said to them, 'We allow 
you (to stand in your land) as long as Allah 
allows you.' Now 'Abdullah bin 'Umar went 
to his land and was attacked at night, and his 
hands and feet were dislocated, and as we 
have no enemies there except those Jews, 



S|§ 4)1 J J-^JJ ^-*AlP O^Uxi 

4)1 Jj^j ^li £i tLtulp cJJlos 
p (J^j 4)1 ^Gl ^ 

Up j jJ> i) JL>-j J Li Lo» ; Jli 

^ j IS" U i4)l ^LS' ^ cJLl! 

j^-l 4)1 £Lii tJp^J. a5U jis 1 ulj 
^ rtf^Jl Jl? ijijl 4)1 ££j 

tlon i^ij 
:4Pjl>Jl J JSjail lij 

jli- 4)1 jIp Jil gofl ill 

^ ^ Sj4: j^u oi5 g| 



54 - THE BOOK OF CONDITIONS bjj~i\ wttf - Ot 



525 



r MJt) the Messenger of Allah," and then he j>\ d\ : f 1^* ^jr^ : 

narrated the whole story about him. Al- * tli * jj^ °\ -Jli ^ M 

Khidr said to Musa, "Did I not tell you that ' i/ ^ ^ * 

you would not be able to have patience with ^ c J ^i* Crt J 



me." (V. 18:72). Musa then violated the 
agreement for the first time because of 
forgetful ness, then Moses promised that if {j* *z***>» ^ * j^j 

he asked Al-Khidr about anything , the latter ^ ^ j^j ^ . j ^ . > 

would have the right to desert him. Musa V* * ^ ^ ' * - 

abided by that condition and on the third ^ ^ 1 ■ J I* I j 



occasion he intentionally asked Al-Khidr and 
caused that condition to be applied. The 

three occasions referred to above are .cLjJ^JI j>jj J^j 

referred to by the following Verses: „ ^ - ^ * 

'...Call me not to account for what I ^ Cr ^ * ^ 

forgot , and be not hard upon me for my affair ^j^M cJLS" [VY ^^V^ 

(with you).' (V.18:73) ^ ,™ ^ 

'...Till they met a boy and he (Al-Khidr) ' ^ , / ' 

killed him...' 4-^-$ ''-^ 

Then they both proceeded ... found (] A • jri 

therein a wall about to collapse and he (Al- ^ \^^— „ , 

Khidr) set it up straight...' " (1) (V. 18:77) ^ <^ C# i[vr 

(13) CHAPTER. Conditions for Wald\ *^3I J h/J&\ iib (\T) 

2729, Narrated 'Urwa^AishahL^iiii^j LiJb- : J^U-^I l^Jb- - YVY^ 

said, "Barira came to me and said, 'My B . . ✓ * m 

people (masters) have written the contract ^ ^ - / / 

for my emancipation for nine Awaq (of gold) :cJl5 LtjU- toi 

to be paid in yearly installments, one Uqfya • ^ <^ > . 

peryear;sohelpme.""Aishahsaid(toher), ^ J 



(1) (H. 2728) In the second case Moses abided by the condition though there was no 
written agreement or witnesses. So when Khidr said to him, "This is the parting 
between me and you . 'Moses accepted his decision because it agreed with the condition 
he himself had set up . 



54 - THE BOOK OF CONDITIONS h$j£i\ ytf 01 524 



Barira?' He said, 'Buy her and manumit her, . ^ a^-U- ^ :cJl* t^^j 

no matter what they stipulate.' 'Aishah . ^jj; *] Jjj^ • 

added, 'I bought and manumitted her, ' C . J - ^ ^ ^ 

though her masters had stipulated that her :JUs {t< ?*'jts m oLi l»» 

Wz/a' would be for them/ The Prophet £g| 4 . x \> '*A , - «t. 

said, "The Wote is for the liberator, even if J ~1 ~ J ^ 

the other stipulated a hundred conditions.' " &j»Z>\j <• 1$£sipU lfjjJ>\i : cJli 

:#| ^III jUi .UpNj LgJLiT 

(11) CHAPTFR. Conditions concerning J^Uall ^ ij^ill 

divorce . >--t. ^ - > t . > . 'i t - 

j>-\ j\ (3*AiaJL III o! :^Uapj 

s * s. 

2727. Narrated Abu Hurairah 2* ai^j: j-> 1UJ> - YVYV 

Allah's Messenger jjg forbade : * . * . ^. > , ;s 

(i) The meeting of the caravan (of goods) on - " ^ * * ~ 
the way, 5^ ^1 ^1 ^ c^U 

(ii) That a residing person sells goods of a A . >, * . " >, ' „ 
bedouin, f 1 J ^ ^ ; JLS ^ ^ 

(iii) That a woman stipulates the divorce of ^-IfiJl £l£ 'c^ 1 ^ ^ 
the wife of the would be husband , 



3^ oi^Ji ij£ oij ^t>bu 



(iv) That a man tries to cause the cancellation 

of a bargain concluded by another . He also ^Js> J>-y\ f^iIJ olj t 
forbadev4n-Afo/s/i and that one withholds the 
milk in the udder of an animal so that he may 

deceive people on selling it . JlL^JI jlpj iUi <u^L7 . w^Jaill 

[See /faditfi 2656] > . , * - > > . . s . . '/ . , 

. :^ST Jiij : Cr^^ 1 

(12) CHAPTER. Verbal conditions with the J^lJL ^llll g ij^Jl 4iL ( ^ Y) 
people . 

2728. Narrated Ubai bin Kal) ^ Si 1 ^y. ^ ' YVYA 

Allah's Messenger £g| said , "Musa (Moses 



b 3j A\ wtef - Ci 523 



be stoned to death. So, in ljeu of that I 
ransomed my son by paying one hundred 
sheep and a slave-girl. Then I asked the 
religious scholars about it, and they informed 
me that my son must be lashed one hundred 
lashes, and be exiled for one year, and the 
wife of this (man) must be stoned to death." 
Allah's Messenger said, "By Him in 
Whose Hands my soul is, I will judge 
between you according to Allah's Laws. 
The slave-girl and the sheep are to be 
returned to you, your son is to receive a 
hundred lashes and be exiled for one year. 
You, O Unais, go to the wife of this (man) 
and if she confesses her guilt, stone her to 
death." Unais went to that woman next 
morning and she confessed . Allah's 
Messenger ^ ordered that she be stoned to 
death . 



(10) CHAPTER. The conditions permissible 
in the case of a slave who has a writing for 
emancipation, if he agrees to. be sold to 
somebody else who promises to free him. 

2726. Narrated Aiman Al-Makki : When I 
visited 'Aishah i^Ip 3ui she said, "Barira 
who had a written contract for her 
emancipation for a certain amount came to 
me and said, *0 Mother of the believers! Buy 
me and manumit me , as my masters will sell 
me.' 'Aishah agreed to it. Barira said, 'My 
masters will sell me on the condition that my 
Wala ,(1) will go to them.' 'Aishah said to her, 
'Then I am not in need of you.' The Prophet 

heard of that, or was told about it and so 
he asked 'Aishah, 'What is the problem of 



01 : 3 IS c«Ji» :#| &\ djZ»j <3Ui 
J>) J* "^ 

^ o y6j o jJl>- 4jL« ^J>j\ L*jI 

^ 1 tf '< * s e> tf t 

s > , 

[mo t rru 



(.^SLDl J^Ll ^ J^>-ljJl -Cp LJjl>- 
^1 L ; JLJ Lai <LjL^o o^j 




(1) (H. 2726) : See the glossary. 



54 - THE BOOK OF CONDITIONS JbjjJUl yfcf 0£ 



522 



did not give any yield, so we were forbidden ^jji if cJLJ- :Jli ^jjJ' 

(by the Prophet ^) to follow such a system, ;* * ^> . > >, >* „ K " ^ 

but we were allowed to rent the land for ^ ' ^ J 

money. 'J^jVl &i jLilVl 

• • £ » t \ * - - °. \ \ 

toJ f**J C^p- \ Uj y 

(8) CHAPTER. The conditions which are not J?j^Ajl N U 4>L (A) 
permissible in the contracts of marriage. . j« t 

2723. Narrated Abu Hurairah &i ^3 : 
The Prophet £g said, "No town-dweller , * \ * 

should sell for a bedouin . Do not practise ^ 4 -^^^ " C: J J ^ 

Mys/z (i.e., do not offer a high price for a S^S* ^ if if ^Is J*"^ 

thing which you do not want to buy , in order ^ *JU4^ J]\ " **' *"\' 
to deceive the people). No Muslim should * ^ ^ ^ <up <u) S^fJ 

offer more for a thing already bought by his ^ I jtS- to ^ j o U U- 

Muslim brother, nor should he demand the tf ^ t * „ * ^ , 

hand of a girl already engaged to another or 2 ^ J 1 ^r? lt* ^^ji 

Muslim. A Muslim woman shall not try to j^UJ st^Jl jll; ^ j t<pL>- ^JS 
bring about the divorce of her sister (i.e., gLa'Lji - h_<Jr_*,^._\ \ * - L l 
another Muslim woman) in order to take her * * lr JL ^- -'-^—l t ; *■ 

place herself." [y \ t . ; ^\J\ 

(9) CHAPTER. The conditions which are not J V ji\ h/JiS\ 4>L (^) 
permissible in the legal punishments 
prescribed by Allah . 



2724, 2725. Narrated Abu Hurairah and ^ £S LJoi- - YVY* t YVYi 
Zaid bin Khalid Al-JuhanI uj^ 3a» i A ( . j^j 

bedouin came to Allah's Messenger gjg and *" ^ *" " " 

said, "O Allah's Messenger! I ask you by y Xzs> jj 2b I jIp ^1 2b 1 jlIp J^p 
Allah to judge my case according to Allah's 
Laws ." His opponent , who was more learned 

than he, said, "Yes, judge between us U^l U4 U 2b I ^y^fj ^^.^H 

according to Allah's Laws, and allow me to 
speak ." Allah's Messenger % said , "Speak 

He (i.e., the bedouin or the other man) said, 2b I *Jjl£jI t2bl JjJ-j L :JUi ^ 
"My son was working as a labourer for this 
(man) and he committed illegal sexual 
intercourse with his wife. The people told 4^ : Jisi y& j ^tskiJl 
me that it was obligatory that my son should 



Cf l 'Jtj* d if O^i-li 

U^l L>4^ 2b 1 ^3 <S?4^ 

2b I iSiijI t2bl JjJ-j L :JUi ^ 
JUi . 2bl ^-jIi^j ^! v£..l^ 



54 - THE BOOK OF CONDITIONS h$jX\ uli - 61 



521 



> S > > e > 

[mo i^ij] . 

2720. Narrated 'Abdullah bin 'Umar ^ ^ liili- - YVY • 
u4^ %\ : Allah's Messenger $g gave the land ^ „ ^* > ^ > * 'LpIwI 
of Khaibar to the Jews on the condition that 4 * ^ ^-S-J^ ' 

they would work on it and cultivate it and <up <jbl t^fj 5^ J* If 
they would get half of its yield . , « - ^ ^ J > ' * J IS 

(6) CHAPTER. The terms and the JUp £A\ ^ Jp^jA]l 4»L (n) 

conditions of Ma/rr at the time of the », 

r l£Jl Safe 

marnage contract. 

'Umar said , "The rights are limited by the j j^>J 1 ^ jl : y** J IS j 
conditions, and you will get only what you ' v \ . \w \ *iu - 6 
stipulate." . 

Narrated Al-Miswar, ''I heard the a|| ^lil c,aw ijJ-LJl Jlij 

Prophet #| once mentioning his son-in-law ^"(^j * .*k Jj | • 

and praising him highly as a sincere son-in- ^ ' ^ 

law . He said , 'Whenever he talked to me , he JUki ^^>- : J L5 t jJLi-li 

spoke the truth and whenever he promised " , . , r 

me , he fulfilled his promise " J ^ ^ 

2721. Narrated 'Uqba bin 'Amir fti ^3 4)1 alp IIjJL>- - YVY \ 
^.'Allah's Messenger said, "From among .j^ JjlJI Liap- ' <*lii > 
all the conditions which you have to fulfill ^ w * 

the conditions which make it legal for you to t ^>Jl ^ ^ ^1 JL»Jj 

have sexual relations (i.e., the marriage . . * " 

contract) have the greatest right to be f 1' y* * ^ 

fulfilled." jili ^5 3 15 :<3l* 

(7) CHAPTER. The conditions in share- **ji>>l ^ k/J^ S 4^ < V > 
cropping. 



2722. Narrated Rafi' bin Khadij %\ ^ ^ JUL- LiJjLi - YVY Y 
*1p : We used to work in the fields more than 
the other Ansar, and we used to rent the land 
(for the yield of a specific portion of it) . But <UiL>- cJU-S : J IS ^ 1 _ 5 *>J 

sometimes that portion or the rest of the land 



54 - THE BOOK OF CONDITIONS utf - Oi 



520 



. jjU- ^p <. ^Lll 4*1 
jLjJI ^>L*j>- ^^^Jlp a!5j1 

'•Ji^ If If t o L ^ 1 

^p t(jl>^l ^ji J 15 j . iw^fci a!5j I 

•(^*J5 lt 5 ^ ^ 

aI5jL : ( * 5 JLlJl Jyj -L>^i-? 60*^ 
,&\ JlIp jil <J15 

(5) CHAPTER. Conditions in contracts (of aJUUDl ^ Jbj^ill ^ 

share-cropping etc .) . 



2719. Narrated Abu Hurairah &i ^3 : : jUJl J>\ UiJli - TV \ ^ 
The Ansar said to the Prophet jjl, "Divide ..... >* , :* * > ... • * 

our date-palms between us and our emigrant V - ^ ^ • - ^ 

brothers." The Prophet said, "No." The ibl S^^i ^1 ^p ^S^^' 

^4n5arsaid to the emigrants, "You may do the . ^ > ^Jvy I cJl5 " Jli aIp 

labour (in our gardens) and we will share the ' ZJ J 

fruits with you." The emigrants said, "We : J 15 J^Jl Lj bill ^Jl 

hear and obey." c: .< >.^?iti t t -- vr 



54 - THE BOOK OF CONDITIONS J»jjJUI ytf Ot 519 



(4) CHAPTER. It is permissible for the £?Ul JJyLil 131 4*M (1) 

seller to stipulate that he should ride the g . > , ^ J| 

(sold) animal up to a certain place. J ^ <*S*~* ^ - 

2718. Narrated Jabir 2p ^5 : While I t£U : ^ J>\ l&i- - YV U 

was riding a (slow) and tired camel, the >, f . > , . . 'u- i s ^ 

Prophet passed by and beat it and prayed 5 ' "X 

for Allah's Blessings for it. The camel jl£ aJI \<s> %\ ^jU- J$"^>~ 

became so fast as it had never been before. , «j s Lpl jl5 aJ U>- JLp * ' 

The Prophet then said, "Sell it to me for -^f*~ ^ „ ^ f^' 

one Uqtya (of gold)." I said, "No." He again ^JJ \^ aJ U-JLi C'jjx* <|j§ 

said, "Sell it to me for one Uqtya (of gold)." \ « tt "i,- *J >T: > - 

So I sold it and stipulated that I should ride it * ; i ^ " ^-"J 

to my house . When we reached ( Al-Madlna) « 515 j L a^ » : J 15 ^ N : JL15 

I took that camel to the Prophet M and he lt , > . ,. r 

gave me its price. I returned home but he s?" t -* £ " ; 

sent for me (and when I went to him) he said , <Sj ^J>*&>j J-*^Lj <~i>\ ^Jui 

"I was not going to take your camel . So, take ^ ^ y .j. ' ; ( s * 

your camel as a gift for you." lH^ 

(Various narrations are mentioned here JJUu^- i>J JJJuj>- Jl>-N ciS" U» 

with slight variations in expressions relating [ttr ■ I ] «ciUU "' r Jlli 

the condition that Jabir had the right to ride ' ^ J ^ 

the sold camel up to Al-Madlna) . ^ 1 5^-^ t ilLi J Li 

Alii J^-ij <>J^ fc J$\* 

* t i - r . . ' • ^ - o - 

j i ^^ip a^3 . o ^ t, 

.oj^ji ^Li *j$> ^ 

: *. jil^ I £^ J 15 j 

^1 Jl5j -"^ry ^J ]) 

il^iNl :4bl y \ J15 



54 - THE BOOK OF CONDITIONS *jjJUI ytf - Oi 



518 



the Zakat and to be sincere and true to every ^ '(0^" l*' 

Muslim [i.e. order them for Al-Ma'ruf (i.e. 
Islamic Monotheism and all that Islam has 



ordained) and to forbid them from Al- S^^aJl ^^JLp jjH 4)1 Jj-ij 

Munkar (i.e. disbelief, polytheism and all . - , a. s . 

that Isam has forbidden), and to help them, ' - — 

to be kind and merciful to them] . [ov : £>>lj] 

(2) CHAPTER. (What is said regarding) the o^f OS £l* ill (*) 
sale of pollinated date-palms . 



2716. Narrated 4 Abdullah bin 'Umar ^ ^ 4i\ xS li^JU^ - TV \\ 

L4^ iiii: Allah's Messenger ^ said, "If . ^ , . U"'t ' 

someone sells pollinated date-palms, their ^ *" ^ * 

fruits will be for the seller, unless the buyer ibl j-j 51* I Ju£ 

stipulates the contrary." 6 ^ " - t -u^ ■ - t > - 5 * 

t > a)) * 5^ 5"! J j jl : 

[rr«r J^li; jl 

(3) CHAPTER. The conditions of selling. ^Jl J h/Jti\ £L (t) 

2717. Narrated 'Urwa : 'Aishah \£> fa ^3 ^> 4s\ xS liijL>- - TV W 
told me that Barira came to seek her help in 
writing for emancipation and at that time she 



had not paid any part of her price. 'Aishah j aJLjU jl : sj^p j& t 



<Zj* [>- a jj jj jl 4j j*j>- 1 Lglp 



4)1 



said to her, "Go to your masters and if they 
agree that I will pay your price (and free you) 

on condition that your WaW will be for me , I *J>3 . \^>}cS ^ l$L 

will pay the money." Barira told her masters . . > * . - c . • - c 

about that, but they refused, and said, "If \ ' ' ^ ^ 

'Aishah wants to do a favour she could , but 1^1^-1 jU ^JLUl ^1 L y«rjl :11jU 

your Wa/a' will be for us." - jjjj^ jjj^, ' "i * 1 

'Aishah informed Allah's Messenger of J ' " J 

that and he ^ said to her, "Buy and manumit "*jtj. c^i* tc-lii ^ iljNj 

Barira as the Wo/a' will go to the . ' • , ' , A ,** ,, t 
manumitter. ^ ^ 

U j^jj J^^* *44^ ^ r^*^ 



54 - THE BOOK OF CONDITIONS 



517 



2713. Narrated 'Urwa: 'Aishah told me, 
"Allah's Messenger #| used to examine them 
according to this Verse : 

'O you who believe! When believing 
women come to you as emigrants, examine 
them... (upto)... Oft-Forgiving, Most 
Merciful.'" (V .60:1042) 

'Aishah 5a> I said, "When any of 
them agreed to that condition (1) Allah's 
Messenger would say to her, 'I have 
accepted your Bai'a (pledge).' He would 
only say that , but , by Allah he never touched 
the hand of any woman (i.e., never shook 
hands with them) while taking the Bai'a 
(pledge) and he never took their Bai'a 
(pledge) except by his words (only)." 

2714. Narrated Jarir <J> <bi : When I 
gave the Bai'a (pledge) to Allan's Messenger 
5g, he stipulated that I should be sincere and 
true to every Muslim [i.e. order them for>l/- 
Ma'ruf(i.e. Islamic Monotheism and all that 
Islam has ordained) and to forbid them from 
Al-Munkar (i.e. disbelief, polytheism and all 
that Isam has forbidden), and to help them, 
to be kind and merciful to them] . 

(See H . 57 and its chapter) 

2715 . Narrated Jarir bin 'Abdullah ibt jj>j 
Hp: I gave the Bai'a (pledge) to Allah's 
Messenger ^ for Iqamat-as-Salat paying 



p 9 ^ tegx 

[mo 



jL5 



4i)l J 



oii*J£tf jI^=»*W \i[ 
Jl5 il^j Ji 

4*jLlJl ^ Ja5 o\ ja\ Ju oJu La 

t rvrr :>ji] .aJ^L ^L 

[YYU t OTAA t tA<U t i \ AT 

UJjU ^1 ^ - YVU 

J 15 i5 *>Ip ^ ^ L j 4 j LL- 

\ t~ >°- k I \ <- > ° - 

U j^i ^ <Ui Cf-fJ ' jij^ ^-»? 

[ov .«(JLli ji3 ^Jaljiy 



USL - YV\o 

^Ib- :J15 J-e^l ^ 



(1) (H. 2713) The condition mentioned in the Verse, i.e., that they will not associate 
anything in worship with Allah , that they will not steal , that they will not commit illegal 
sexual intercourse, that they will not kill their children, that they will not utter slander 
intentionally forging falsehood (i.e., by making illegal children belonging to their 
husbands) , and that they will not disobey you in any Ma ( ruf (Islamic Monotheism and 
all that which Islam ordains).... (V.60:12). 

(2) (H. 2715) Iqamat-as-Salat\ See the glossary. 



54 - THE BOOK OF CONDITIONS tutf 6i 



516 



54 -THE BOOK OF CONDITIONS b$jJJ\ ujUT - Oi 



(1) CHAPTER. The conditions permissible i^^Ajl y> 'jjp^ U £ll (\) 

on embracing Islam, cl) and in contracts and iiiLiJl 15\>-V I ^Ll»^ I 

transactions. / ** * ^ £ ^ f * 

2711, 2712. Narrated Marwan and Al- &JJ- - YV\Y tYVU 

Miswar bin Makhrama u^* <i>' Cxf '■> ^ rom tne ? ' t Jjljj Ijio^- * ' 

Companions of Allah's Messenger ^ : When ''J^ 4 - ^ 

Suhail bin 'Amr agreed to the Treaty (of l"/^ ^ J~>-\ y) J* 
Hudaiblya), one of the things he stipulated 
then , was that the Prophet g| should return 

to them (i.e., the Al-Mushrikun) anyone O^j^-t ^ Cs*?J y 

coming to him from their side , even if he . - ^ < , > , , * fl „ 

was a Muslim; and would not interfere ' v - ^ 



between them and that person. The J 15 j JJ^ y LLl 

Muslims did not like this condition and got , . , \ > r - m i • 

disgusted with it . Suhail did not agree except *f i ^ s 

with that condition. So, the Prophet $g jlj ilJl ^ <0! j^JjI 

agreed to that condition and returned Abu , v t. , . 

Jandal to his father Suhail bin 'Amr. - fc ^ ' ^ fi 

Thenceforth the Prophet ^ returned j^ujlJl . -uIj j ^ ^4^" J 

everyone in that period (of truce) even if he > *° t :u : 

was a Muslim. During that period some * u ~^ ( ^ " f i 

believing women emigrants including Umm Vj> iJUi Jlc- ^ ^Jj! aJI^j dUS 

Kulthum bint 'Uqba bin Abu Mu'ait who > * u , . * .... 

came to Allah's Messenger g| and she was a ^ y^ 5 ^ *' 

young lady then. Her relative came to the ^1 JU-yl 9\ pJ <• J f** 

Prophet m and asked him to return her, but f . - • . . 

the Prophet ^ did not return her to them for " ' " ^ 

Allah had revealed the following Verse Jjl5j ol^-l^ oLaj^Ji o^U-j 

regarding women : fl * , t c^t> * ° if 

"...When believing women come to you ^ ^' V* 1 - ^ ^ 

as emigrants, examine them, Allah knows y*j ^ J-^^ »JJ ^S 5 *" 

best as to their Faith., (up to)., nor are the ' ^ ^ ^ ^ X.^ 

disbelievers lawful (husbands) for them ..." ^ " . ' 

(V.60:10) ^1 IfW^d ^1 l^r^ b\ 



(1) (Ch, 1) Some conditions are permissible, others are not; for example, a non-Muslim 
on embracing Islam has the right to stipulate that he shall not be ordered to move from 
one country to another, but he cannot stipulate that he may not perform the Salat 
(prayers). (FathAl-Ban) 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) gUM wtf Of 515 



from Ibn Abu Hadrad in the mosque. Their ^Jb*- : JLllJl JlSj 4 ^jA^ 

voices grew louder till Allah's Messenger ^ ^ • 1 ' ' 

heard them while he was in his house . So , he * ' c u^Ji 

lifted the curtain of his room and called Ka'b diJ U vl^AS jl <wJ& ^> 4S1 1 

bin Malik saying, "O Ka'b!" He replied, ... * . ,>"\\ 

"Labbaik! O Allah's Messenger!" He ' J "^ ^ ^ ! 

beckoned to him with his hand suggesting &\ Jj-^j -^4* ^ olS" LoS 

that he deduct half the debt. Ka'b said, "I > . * . ^.J". » -t. . ^ 

agree, O Allah's Messenger!" Allah's ^ cO^JI ^ £g 

Messenger ^ then said (to Ibn Abu ^ y> j 3|t «u I J jj* j L^JUJ]- ( Ji>- 
Hadrad), "Get up and pay him the rest." 



^ (^^Ui Ajj^O- WjL>*~- ^jLLs^ 

U cJUi jus iyJo JUi t^kJLlI 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) gUIl Mtf - OX 



514 



(i .e . , dates) of my garden in lieu of the debt 
of my father, but they refused the offer, as 
they thought that it would not cover the full 
debt. So, I went to the Prophet ^ and told 
him about it. He (jg) said (to me), "When 
you pluck the dates and collect them in the 
Mirbad (i .e . , a place where dates are dried) , 
call me." Finally, he came accompanied by 
Abu Bakr and 'Umar and sat on the dates 
and invoked Allah to bless them. Then he 
said, "Call your creditors and give them their 
full rights." So, I paid all my father's 
creditors in full and yet thirteen extra Wasq 
of dates remained , seven of which were 'Ajwa 
and six were Laun , or six of which were l Ajwa 
and seven were Laun. I met Allah's 
Messenger at sunset and informed him 
about it. On that he smiled and said, "Go to 
Abu Bakr and 'Umar and tell them about it." 
They said, "We perceived that that was going 
to happen , as Allah's Messenger did what 
he did." 



(14) CHAPTER. Bringing about 
reconciliation in case of dispute concerning 
debts . 

2710. Narrated 'Abdullah bin Ka'b that 
Ka'b bin Malik told him that in the lifetime of 
Allah's Messenger he demanded his debt 



Jj ills o^ii ^ zJl I olfu 

^j) 4-*^>j *jg|g J j CJ^I 

Ui .((j^ijU iS^U^p :Jli p 

^1 # ^ ^ ^ ^ v£i>= 

4^w^» t LLw*>J jJLp 4j*)\j J^L5 J < i"..A3 

? ^ ° ' «t * . t c . 



4ill 



[T^Yv :cr ij] s!>L> 

^Uji 4iL ot> 



- - > > 



52 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) glUall mB" OT 513 



both of them used for irrigation. Allah's auI Jj-^j TjAj .a* jU^Vl 

Messenger ^ said to Az-Zubair, "O Zubair! - \^\$ ' p * i& 

Irrigate (your garden) first, and then let the ^ - ^ s ^ a?^s? *S 

water flow to your neighbour." The Ansari 4)1 J • L^*^ ^ 

became angry and said, "O Allah's ^ • | *f > ^ ^ „ 0()) . ^ 

Messenger! Is it because he is your cousin?" ^ ^ J - ' 

On that the complexion of Allah's Messenger : J Ui <. ^ j Laj\f I <. « iS j L>- 

#s changed (because of anger) and he said o i\ " ^ - t ' \^ -r 't > - i 

(to Az-Zubair), Irrigate (your garden) and ' > " / 

then withhold the water till it reaches the : J la p ^ 4) I J j j OjIxs 

walls (surrounding the palms)." So, Allah's , ° , u * » . , i{ _ . , 

Messenger ^ gave Az-Zubair his full right . C *- ^ ^ . 

Before that Allah's Messenger had given a <u>- ilL>- «|§ *u I J ^ 

generous judgement beneficial for Az-Zubair ^ ^ J * ' J 15 ij 

and the Ansari, but when the Ansari irritated ^ " J ' ^ J ^ 

Allah's Messenger ^ he gave Az-Zubair his aJ iS^y ^jJ' i_5^ 

full right according to the evident law. Az- , \^ ^ ^ ^ 

Zubair said , "By Allah! I think the following q>J^>;,J 

Verse was revealed concerning that case : <u>- ^ jJJ \ <u 1 J j 

'But no, by your Lord, they can have no - tl . ^ > - t ._ > > 

Faith, until they make you (O Muhammad ^ \ S- - 

it) j u ^ge in all disputes between them...' " oJla U : ^JjJl 

(V - 4:65) tf» ^ dJ> : 



[rrv ^r,] 

(13) CHAPTER. Reconciliation between the ^U^Jjl £-UaJl t^iL* Of) 

creditors and between the inheritors and the . >. ( ' tl , «, t 

repayment of debts by giving an amount that - * ^ ^ * 

is not specified or counted. <iJU^ 

Ibn 'Abbas said , 'There is no harm if two j I J^L ^ : jj\ Jlaj 

partners agree that one of them takes the * '. \ . ,^ s - - , . 

debts and the other takes the assets, but if the " - ^ ' 

property of any of them is ruined the loser t [^jtJ^-^i jla <. UIp ^ j 

has no right to claim it from the other 
partner." 



2709.NarratedJabirbin t Abdullah^i^5 ^ J^J^ - ™< 



: My father died and was in debt . I 
suggested that his creditors take the fruits 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) gUII wbf Dt 512 



voices grewvery loud . The Prophet 5^ passed JJUU ^> ^_JiS ji- tdJUU ^JiS 
by them and said, "O Ka'b/' beckoning with * " _ >T : ,^ 

his hand as if intending to say, Deduct half ^ V 1 " ' * ^ 

the debts." So, Ka'b took half what the other <uj_li <.JU j^JL-Vl £jJ^- 

owed him and remitted the other half . / s.r %> 9 f . £ 

Jl>- li c ^ a. ./?.:. 1 1 : Jj-aj 4J 15 o Jlu 



[iow i^j] 

(11) ' HAPTER. The superiority of making ^-J £>L>^t JlJlI ( ^) 
peace and establishing justice among the ' ,» M 
people. > ^ 

2707. Narrated Abu Hurairah <J- iui * jj-> 
Allah's Messenger ^ said, 'There is a °-\ • xJ, 1/ * I > 

Sadaqa to be given for every joint of the ^ ' ^ J ^ • ' Jy^* 

human body ; and for every day on which the t'Jij* ^ J* <• f u-* ^ <■ j-^* 

sun rises there is a Sadaqa (i.e., charitable < . > >\ , 
gift to be given), the one who establishes ~ ^ sT- J 

justice among people {1) is considered as a aIIp ^-ul J^" 
Sadaqa. > , s . e: o . c > ^ „ 

[See Vol. 4, Hadith No. 2891, 2989] t ^ JI « J 5 

[Y<lA<l <. Y A<U 

(12) CHAPTER. If the Imam (i.e., ruler) ^UaJL jUl ill O*) 
suggests a (re)conciliation but the defendant ' *ic^3L aIIp 1&>- U 
refuses it, he is to be judged by the evident p-***' . ^ 
valid law. 



2708. Narrated *Urwa bin Az-Zubair ^ : jUJ! ^1 - YV * A 

i : Az-Zubau tcks me that he quarrelled 
with an Ansari man who had participated in 
(the battle of) Badr in front of Allah's ^Jjj! j\ :^jJl jj! oj^p <J>\ 
Messenger ^ about a water stream which 



:Jli ^jijJI 



(1) (H. 2707) One is supposed to thank Allah for the many favours Allah has bestowed 
upon one; one of these numberless favours is the miraculous creation of the three 
hundred and sixty joints of man's body. Allah rewards those who bring about peace 
among people with their justice, and such good deeds compensate for the Sadaqa which 
one should pay as a sign of gratitude to Allah . 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) jtUall y Itf Of 



511 



Muslims through him.'" 



(10) CHAPTER. Should the Imam suggest 
reconciliation? 

2705. Narrated 'Aishah %\ : Once, 
Allah's Messenger heard the loud voices 
of some opponents quarrelling at the door. 
One of them was appealing to the other to 
deduct his debt and asking him to be lenient , 
but the other was saying, "By Allah, I will not 
do so." Allah's Messenger g| went out to 
them and said, "Who is the one who was 
swearing by Allah that he would not do a 
favour?" That man said, "I am that person, 
O Allah's Messenger! I will give my opponent 
whatever he wishes." 



2706. Narrated 'Abdullah bin Ka'b bin 
Malik from Ka'b bin Malik: 'Abdullah bin 
Abu Hadrad Al-AslamI owed Ka'b bin Malik 
some money. One day the latter met the 
former and demanded his right, and their 



^ l-U J?) j1» : J yuj ^ js^\ 

o\ 2b I JjJj 



:<iJl5 



UjfeJi>-l 



cj^l M 2i1j :J^i ^ 
.4^* ^JUi ^1 «AS 



<ul jlp 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) gUIl wtf Of 510 



J L5-9 t J L^>J 1 J Lli I 

<U JUi . L^lyl JUb ^y>- 
Jy>* fj\ : yl>-^\ jJ~ 5*»L> 

^ . i o \ > , 



Allah : : ojJ'i Juf aJ}J j <. « j : : o ■ la p 

"... Then make peace between them both ..." 

(V.49:9) ;°^ ] 

2704. Narrated Al-Hasan (Al-Basri): By ^ 4iil ju &JJ~ - YV« 
Allah, Al-Hasan bin 'All led large battalions , % | e . * Lii LJjb- 
like mountains against Mu'awlya. 'Amr bin 
Al-'As said (to Mu'awlya), "I surely see 1 • d yk y~>^\ :Jli 

battalions which will not turn back before 
killing their opponents." Mu'awlya who was 

really the best of the two men said to him , "O yt J t*-* <J ^ 4 <J ' J ^ 
'Amr! If these killed those and those killed 
these , who would be left with me for the jobs 

of the people , who would be left with me for Zj L*J <0 J lis . \y 1 Jx5j 
their women, who would be left with me for 
their children?" Then Mu'awlya sent two 

Quraishi men from the tribe of 'Abd Shams t^iy* J t^j-* ^J-* o\ 
called 'Abdur Rahman bin Sumura and 
Abdullah bin 'Amir bin Kuraiz to Al-Hasan 

saying to them, "Go to this man (i.e., Al- <1J1 ?^>.../it y> 

Hasan) and negotiate peace with him and 
talk and appeal to him." So, they went to Al- 
Hasan and talked and appealed to him to tS^L^ y\ y*->-*^\ <j~ *^ 
accept peace. Al-Hasan said, "We, the . 'n- 1 ' -M 

offspring of 'Abdul Muttalib, have got ^ ^ ^ ^ J 

wealth and people have indulged in killing aIIp L^^pli ^ 
and corruption (and money only will appease ^ ^ ^ >j > 

them)." They said to Al-Hasan, "Mu'awTya y — c ■ ^ 

offers you so and so , and appeals to you and . 5IJI LUS^ ^ ^ aILp 
entreats you to accept peace ."Al-Hasan said k « , , . . . r 

to them, "But who will be responsible for * * ' ST* ^ ^ J 

what you have said?" They said, "We will be \1a y* Ll^l JLs < r l£dl\ .Un- 
responsible for it." So, whatever Al-Hasan . -A u . ' * . u ~ u 
asked they said , We will be responsible for it ^ '/ ^ 
for you." So, Al-Hasan concluded a peace liS ^y 9 yk ^ 
treaty with Mu'awiya. Al-Hasan (Al-Basri) . ^ ^ ' ^ ^ ^ 
said: I heard Abu Bakra saying, "I saw " c ■ 
Allah's Messenger ^ on the pulpit and Al- Li «j dil : ^li ?IJl^j J jXi 
Hasan bin 'All was by his side . The Prophet - . . > - v f . „ v ^ 7 » , ^ 
^ was looking once at the people and once at ^ 

Al-Hasan bin 'All saying, 'This son of mine is o^-l JL5J j : yL>*l\ J Us A^JLiai 
a Saiyid (i.e., a noble) and may Allah ^ ^ > ^ > ^ ^ , \ 

make peace between two big groups of " ^ 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) gUll ljKS or 



509 



2702. Narrated Sahl bin Abu Hathma: 
'Abdullah bin Sahl and Muhaiyisa bin Mas'ud 
bin Zaid went to Khaibar when it had had a 
peace treaty (with the Muslims) . 



(8) CHAPTER. Agreement about Diya 
(blood money) . 

2703 . Narrated Anas ^ 4b i : Ar-Rabf , 
the daughter of An-Nadr broke the tooth of a 
girl , and the relatives of Ar-Rabf requested 
the girl's relatives to accept the Arsh 
(compensation for wounds etc.) and forgive 
(the offender), but they refused. So, they 
went to the Prophet ^ who ordered them to 
bring about retaliation. Anas bin An-Nadr 
asked, "O Allah's Messenger! Will the tooth 
of Ar-Rabi' be broken? No , by Him Who has 
sent you with the Truth , her tooth will not be 
broken." The Prophet ^ said, "O Anas! 
Allah's Law ordains retaliation." Later the 
relatives of the girl agreed and forgave her. 
The Prophet said, "There are some of 
Allah's slaves who, if they take an oath by 
Allah, are responded to by Allah (i.e., their 
oath is fulfilled).' 1 Anas added, "The people 
agreed and accepted the Arsh ." 



(9) CHAPTER. The saying of the Prophet 
to Al-Hasan bin 'AH U^Ip iit "This son of 
mine is Saiyid (a noble) and may Allah make 
peace between two big groups (of Muslims) 
through him/' And the Statement of 



: illi - TV * Y 

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*£»y- £i Cji }y^~* 

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J jJjiJt 4iL (A) 



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Yv*r 



jJL>- LJl jl 



ijjU d}:U ^kii 

^ JAJL ilixl jjjJlj ^ ?4)1 J^3 

1}jLpj ^ill t^fS* *■ (( J^U^l 4)1 
j; 4)1 jU ly> Op ^IJl JUi 
4)1 JIp ^15 1 }J 

.^j K l\ IjLij f>il 

\ja j!>\ Op :U£* ^1 r^li- 
t0£ ^ ^ |fl l 0^ 2>1 J^i 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) gUl Of 508 



l4^: On the day of Hudaibiya, the Prophet ji- Ji ' 

made a peace treaty with the Al- . t . , - . t 

Mushnkun on three conditions : y • ^- ^ s?- 

1 . The Prophet £fe would return to them any ^II I L> : J li ^ 1 sf^- 5 
person from Al-Mushrikun (polytheists, ^Uj^jl : < * *j j « 
idolaters, pagans) ^ ^ ^ „ ^ ^-T^ ^ 

2 . Al-Mushrikun pagans would not return oUI jl ^^-L^ :*L;_*il 
any of the Muslims going to them , and „ o, i-t u Jl£ - - c I Mi 

3. The Prophet and his companions t ^ I fr ^"'-r 
would come to Makkah the following jl ^JLp j . ajS^ 

year and would stay there for three days - .: , , m % . , °- 
and would enter Makkah with their - cr ; 

weapons in cases, e.g., swords, arrows, jLLL^ Lg_L>-JU 

Abu Jandal came hopping, his legs being '~ r" S~ 
chained, but the Prophet ^ returned him to o}j*i J? J^^r 

Al-Mushrikun . * \. 

[WA> i^lj] .^1 

J^j^ ^S"Ju Jup jjI J Li 

2701. Narrated Ibn 'Umar iii ^y. : Ji ^>^> - TVO 

Allah's Messenger ^ set out for the "JJmra - . , * > . > . ;s 

but the disbelievers of Quraish prevented - ^ ^-"^ 

him from reaching the Ka'bah. So, he i>tf3 j-^ j^ 4 <^^ if 
slaughtered his sacrifice and got his head ^ /. \' > * *A , k, 

shaved at Al-Hudaibiya, and agreed with ' ' , a> 

them that he would perform L Umra the ^Jj <u!j JUJ \ 

following year and would not carry weapons ^ ^SjS " ' r i cJLUl 

except swords , and would not stay in Makkah ^ J - ^ . - ^ 

except for the period they allowed. So, the y^k o\ ^&U^lij Jc>J L 

Prophet 'ig> performed the "Umra in the f « - m tl 

following year and entered Makkah ^ ' ^ ' " ^ \ 
according to the treaty, and when he stayed Lgj <■ Li ^1 pf^* 

for three days, the disbelievers ordered him . ... . ,. , - - 1 1 

to depart, and he departed. \ ^ ^ 



[ i T T : ^1] 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) gUM yfcf or 507 



(the next year) and the time limit passed, the UJi . «L$j jl iljl 4jUw>I 

Makkans went to 'All and said, "Tell your s . „ 1 • 'l ' V I ' ' I 1 ' ' 

friend He. the Prnnhet m\ tn on nut as thp i-T^J 



friend (i.e., the Prophet ^) to go out , as the 
period (agreed to) has passed." So, the Ji* lip :dJL^-LiJ ji : IJJlii 

Prophet went out of Makkah. The ^ ^ „ „ / 'i^V^ 
daughter of Hamza ran after them (i.e., the ~ J t cT r 
Prophet and his companions) , calling, "O t ^ L ^ L : 3 jli- o I ^-^-V^ 
Uncle! O Uncle!" 'All &i ^3 received her , „ 

and led her by the hand and said to Fatima ^ ' v 
4Ii 4»i , "Take your uncle's daughter." t 1&JL*-I ^ v^J- 5 : 

Zaid and Ja'far quarrelled about her. 'All 
said, "I have more right to her as she is my 

uncle's daughter. Ja'far said; "She is my ol Jp-l U : ( * J lp jUi 

uncle's daughter, and her aunt is my wife." 
Zaid said, "She is my brother's daughter." 
The Prophet 5H judged that she should be <l>\ : Juj Jlij . ^J*J Lg-^L^ j 
given to her aunt , and said that the aunt was . 7. . . ^ ^ s. - t . t 

like the mother. He then said to 'All, "You ' ^ ^ ^ ^ <■ ^ 

are from me and I am from you" , and said to J IS j . « j» V ! «J «J UJ I » : J US j 
Ja'far, "You resemble me both in character . / 's . - t 

and appearance", and said to Zaid, "You are ^ ' " 
our brother (in faith) and our freed slave t (( (_5^>- j c?^" JL4~£ ! » : yi*^ 

. Uy-I cJI» :ju}J JUj 

[^VA^ 

(7) CHAPTER. To make peace with Al- *J$J&\ g ^UaJl < V) 
Mushrikun (polytheists, idolaters, pagans). 



This chapter includes Abu Sufyan's JUj tjlJLi ^1 <J 

narration. * v £fc ^ ^ " „ , 

Narrated 'Auf bin Malik: The Prophet^ J ^ l^* ''^ ¥ < ^ 

said, "There will be a peace treaty between *Jbj . « yL> 

you and BanI Al-Asfar (the Byzantines)." f r ^ " > > e . 

2700. Narrated Al-Bara' bin 'Azib %\ ^ ^ c^J-^ ^L* j ~ TV * * 



(1) (H. 2699) The Prophet $g had established the bond of brotherhood between Zaid, his 
freed slave, and Hamza, the Prophet's uncle. This is why Zaid said, "She is my 
brother's daughter." The Prophet ^ in addressing the three persons claiming the right 
of taking Hamza's daughter, is consoling them by relating them to himself, so that they 
would not be dissatisfied with his judgement . 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) gUll y tf or 506 



to rub it out." Allah's Messenger grubbed it cis }J t^bl Jj-ij liUJ : <lJ&S 

out and made peace with them on the . # JjjjUJ LJ N * ' 

condition that the Prophet % and his ' * - r 

companions would enter Makkah (next (S^. ^ ^° : 
year) and stay there for three days, and that 
they would enter with their weapons in cases . 

[See. Hadlth No. 2731, 2732]. jJL jj-ju M 

[WA\ :^-b3 . aJ 

2699. Narrated Al-Bara' ^ib!^: When ^ &\ !£J> &.!U - Y^M 
the Prophet intended to perform 'Umra in 
the month of Dhul-Qa'da, the people of 
Makkah did not let him enter Makkah till he <S 4b I if c 3^>^\ 

settled the matter with them by promising to - e - , , . " . tr , * . , ' . ^ , , _ 
stay in it for three days only. When the ' ~ ST - J ^ ^ 
document of treaty was written, the following tixi J^"^ ^ ^ J^' 

was mentioned: These are the terms on 
which Muhammad the Messenger of 
Allah agreed (to make peace).' They said, IJLa : 1 JzS J->li£Jl I JsS UJli . 
"We will not agree to this, for if we believed . > ^ - ^ * 

that you are Allah's Messenger we would not ' 3 ' ~ " 

prevent you, but you are Muhammad bin SL\ pJd jii tl^j ^ N : IjJL^ 
'Abdullah." The Prophet ^ said, "I am : °* ' jjLAli U J 
Allah's Messenger and also Muhammad bin ^ L " ^ J 

'Abdullah." Then he said to 'All, "Rub off J j-ij Ub : J 15 . «3bl Jup ^ JuAi 
(the words) 'Allah's Messenger'", but 'All . > > tf „ * . * . 

said, No, by Allah, I will never rub off your r - ^ ^ 

name." So, Allah's Messenger ^ took the : J IS «<jbl J : : 
document and wrote, 'This is what £j ' | ^ ^| ^ 

Muhammad bin 'Abdullah has agreed * * " J L 

upon: No arms will be brought into lJi&» JjIi^JI ^ 4bl Jj-ij 

Makkah except in their cases, and nobody 
from the people of Makkah will be allowed to 
go with him (i .e . , the Prophet jg) even if he t ^ I^S] I ^ N I J^"^ 
wished to follow him and he (the Prophet ig) 
will not prevent any of his companions from 

staying back in Makkah if the latter wants to Ijl>-1 N j Ij t iiil j I 

stay.' When the Prophet entered Makkah 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) jdUJI <utf Of 505 



slave-girl and the sheep are to go back to you , 
and your son will get a hundred lashes and 
one year exile." He then addressed 
somebody, "O Unais! Go to the wife of this 
(man) and stone her to death." So, Unais 
went and stoned her to death . 



2697. Narrated 'Aishah 



Allah's Messenger #g said, "If somebody 
innovates something which is not present in 
our religion (of Islamic Monotheism) , then 
that thing will be rejected . 



(6) CHAPTER. How to write : These are the 
terms on which so-and-so, the son of so-and- 
so reconciled with so-and-so, the son of so- 
and-so, without mentioning the name of the 
tribe or th* family name . 

2698. Narrated Al-Bara' bin 'Azib iii ^j>j 
i<4^ : When Allah's Messenger ^ concluded 
a peace treaty with Al-Mushrikun 
(polytheists, idolaters, pagans) at Al- 
Hudaibiya, 'AH bin Abi Talib 
wrote the document and he mentioned in it, 
"Muhammad, Allah's Messenger The 
Al-Mushrikun said, "Don't write : 
'Muhammad, Allah's Messenger', for if you 
were a Messenger we would not fight with 
you ." Allah's Messenger asked 'All to rub 
it out , but ' AJI said , "I will not be the person 



j a5U jJU- Jlp ujj 

-.m & ^ 

pjJlj SjJjJ! C\ i4)l ^-jI^j 

j5U jJU- cLLjI (Jlpj . fillip 
IJla sljJl ^^Ip jlpU - J^r^J 
[mo t rru • L^-y 



0^ a* 
U ilk ^ :£L CO 

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4)1 jlj-^j *_Jli» ^1 ^Lp 



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53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) jdUll y Uf Of 504 



(4) CHAPTER. The Statement of Allah & • & Jj* 4^ 

4% fcii C^Z 

" . . .If they make terms of peace between ** ^ 

themselves ; and making peace is better..." . h T A : *UJl] 

(V .4:128) 

2694. Narrated 'Aishah iii i The : Ju*^> ~ Y*\^£ 
following Verse : , , ° - ' i ** 

"And if a woman fears cruelty or desertion J V' 1 ^ ' ^ 

on her husband's part..." (V .4:128) 1$1p ^jIp ji- 

This Verse means if the husband notices .* >> .~ f ,/\ 
something unpleasant about his wife, such as . ' ' ' 

old age or the like, and wants to divorce her, y*> : cJli [HA : *UJl] ^1>£p| 
but she asks him to keep her and provide for » ,> M ~ > i >jS ii 

her as he wishes). ' - " ' w 

, > >r >^ r .t r v 

(5) CHAPTER. If some people are jJU? l^iik^l lil 4*L (o) 
(re)conciled on illegal basis, their ' ^ >;;•,. e - 
(re) conciliation is rejected. 

2695 , 2696 . Narrated Abu Hurairah and : f Si l&>- - Y H 1 t Y H o 
Zaid bin Khalid Al-Juhani up : A ^ .in . j * ^ 
bedouin came and said, "O Allah's '^^^ s£ ^ 
Messenger! Judge between us according to ^1 t<bl Jlp hu! JuIp ^p 
Allah's Laws." His opponent got up and . . .-^jj \ 

said, "He is right. Judge between us CffJ^J*** Cf. --^ 

according to Allah's Laws." The bedouin :JUi ^ 

said, "My son was a labourer working for this ^ . . ^ , ^ i , > - , 

man, and he committed illegal sexual ' ; e ^ " * ^ ~ 

intercourse with his wife. The people told bllj <. jJw? :<JUs j»U5 

me that my son should be stoned to death ; 0| r .(,, -...r i( ,^ 

so, in lieu of that, I paid a ransom of one ^ ' - ^ - ; 

hundred sheep and a slave-girl to save my \^YJ»^ J>'^ 11* U^p jIS" 
son. Then I asked the learned scholars who 
said, 'Your son has to be lashed one hundred 

lashes and has to be exiled for one year.'" ^-UJl jiUj ^ t j^\ c^wUi 

TheProphet^said,"Nodoubt,Iwilljudge ; , ^ ] ^j L %j 

between you according to Allah's Laws. The ^ s - ^ \ ^ - 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) gLaJl ybf or 503 



two men to get angry, and the two groups 4)1 xJti C.-.J*.^ tdlL Uoj *L3>\ 

started fighting with sticks , shoes and hands . * ^ C~jv& U_"*J aa 9 " * 

We were informed that the following Divine L ^ " J-* J 5 ^ 

Verse was revealed (in this concern) : ^4^? c 4jU«-M J^l j 

"And if two parties or groups among the Julil Jb ^JL * ° * 

believers fall to fighting, then make peace -^tj^ ^ 

between them both..." (V.49:9) g&&> oJjJ LgjT iJJua 

(2) CHAPTER. He who makes peace ^jJl <L>\\SA\ JJJ £U (Y) 
between the people is not a liar. ^ > . „ > 

2692. Narrated Umm Kulthum bint Uqba ^ jj^iJl JLp - YHY 
&i that she heard Allah's Messenger > / > % .... , , 

^saying, "He who makes peace between the ^ ^ 

people by inventing good information or b\ : <-jI$J> jj\ j& t^JlJ? 

saying good things, is not a liar." >s{ * { . * ' i „ s. „ ^ > 

l^jl . *u ^—H f f ' 

(3) CHAPTER. The saying of the ruler to his :^UJ>V J^i ujL (T) 
companions , "Let us go to bring about a ' „ , { . , . ( 
( reconciliation (between people) w i 

2693. Narrated Sahl bin Sa'd ^ &i jI* ^ il^i - Yn^r 
Once the people of Quba' fought with each . , ... > . . rs i( 
other till they threw stones on each other. ' <~r- JrJ~ • - 
When Allah's Messenger ^ was informed xlSJ* j->\ JL^J-lj 

about it, he said, "Let us go to bring about a 
(re)conciliation between them." 



53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) gUJI utf Of 502 



he turned round and saw the Prophet ^ JLili . JjVt JjLaJI 

standing behind him. The Prophet V ,j ^ | V{ - ~.*.%*\\ 

beckoned him with his hand to keep on ^ ~* J J C- 

offering &z/<zf (prayer) where he was. Abu c-iJU tS%2aJl ^ ^-5^ ^ 

Bakr raised his hand and praised Allah and ^ 'LiU ''T' i "JiL '* TU 
then retreated till he came in the (first) row, J °* JJ ^ • :p 

and the Prophet sjg went ahead and lead the ^iy . j> U5 j I o^J>U ool 

people in the Salat (prayer). When the . £ * Jb! Ju^J > jj" Jz '] 
Prophet ^ finished the Salat (prayer), he 

turned towards the people and said, "O <Jl%}\ ^ Jj£o U\jj j^&S 

people! When something happens to you ^jr j r ^ 5 ,^